Date of enactment: April 27, 1998
1997 Assembly Bill 645 Date of publication*: May 11, 1998
* Section 991.11, Wisconsin Statutes 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1997 WISCONSIN ACT 188
An Act to repeal 632.485, 700.17 (2) (b) 2., 701.27 (1) (b), 701.27 (1) (d), 701.27 (2) (b) 2., 701.27 (3) (b), 701.27 (6) (title), 701.27 (6) (d), 701.27 (9), 851.001, 851.51 (title), 851.51 (3), 852.01 (1) (e), 852.01 (1) (g), 852.03 (2), 853.16 (title), 853.51 (2), 858.01 (2), 861.13 and 861.41 (3) and (4); to renumber 701.27 (1) (intro.), 701.27 (2) (title), 701.27 (2) (b) (title), 701.27 (2) (bm), 701.27 (2) (d), 701.27 (3) (title), 701.27 (3) (a) 4., 701.27 (4) (title), 701.27 (4) (c), 701.27 (4) (d), 701.27 (8) (title), 767.266 (title), 851.35, 853.16 (1), 853.51 (intro.) and 858.01 (1); to renumber and amend 700.17 (2) (b) 1., 701.27 (title), 701.27 (1) (a), 701.27 (1) (c), 701.27 (2) (a), 701.27 (2) (b) 1., 701.27 (2) (c), 701.27 (2) (e), 701.27 (3) (a) (intro.), 701.27 (3) (a) 1., 701.27 (3) (a) 2., 701.27 (3) (a) 3., 701.27 (4) (a), 701.27 (4) (b), 701.27 (4) (e), 701.27 (5), 701.27 (6) (a), 701.27 (6) (b) (title), 701.27 (6) (b), 701.27 (6) (c), 701.27 (7), 701.27 (8), 767.266, 851.51 (1) and (2), 852.01 (1) (f), 852.05 (1), 853.03 (2), 853.07 (2), 853.11 (1) (b), 853.15 (1), 853.16 (2), 853.51 (1), 861.31 (1), 861.31 (4), 861.35 (1) and 861.35 (3); to consolidate, renumber and amend 853.11 (1) (intro.) and (a); to amend 6.875 (1) (b), 48.92 (3), 146.34 (1) (j), 157.061 (7), 178.21 (3) (e), 242.01 (11), 252.15 (1) (eg), 615.03 (1) (c), 700.17 (2) (a), 701.20 (5) (b) 1., 702.08, 766.575 (3) (b), 766.58 (3) (f), 766.587 (6), 766.589 (7), 766.61 (2) (c) 2., 815.56, 851.002, 851.13, 851.27, 852.01 (1) (intro.), 852.01 (1) (a) 2., 852.01 (1) (b) and (d), 852.05 (2), 852.05 (3), 852.13, 853.03 (intro.), 853.03 (1), 853.11 (1) (title), 853.25 (2), 853.25 (4), 853.25 (5), 853.29, 853.50 (1), 853.50 (3), 853.55 (NOTICE) 6., 853.55 (NOTICE) 9., 853.56 (NOTICE) 7., 853.56 (NOTICE) 9., 853.59 (form) (a), 853.59 (form) (2) (a), 857.01, 857.015, 858.01 (title), 859.40, 859.41, 861.015 (1), 861.015 (3) (intro.), 861.015 (3) (a), 861.015 (3) (b), 861.31 (2), 861.33 (title), 861.33 (1) (a) (intro.), 861.33 (1) (a) 4., 861.33 (1) (b), 861.33 (2), 861.33 (3), 861.33 (4), 861.35 (title), 861.35 (2), 863.37 (1), 880.32 and 880.695 (1); to repeal and recreate 700.11, 700.12, 702.03 (1), subchapter II (title) of chapter 705 [precedes 705.20], 851.055, 851.55, 852.01 (2), 852.01 (2m), 852.03 (1), 852.03 (3), 852.03 (4), 852.09, 852.11, 853.05, 853.11 (2), 853.11 (3), 853.11 (3m), 853.11 (6), 853.13, 853.19, 853.25 (1), 853.27, 853.33, 853.35, 853.40, 853.55 (Article 3) 3.3., 853.56 (Article 3) 3.4., subchapter II (title) of chapter 861 [precedes 861.018], 861.02, 861.03, 861.05, 861.07, 861.09, 861.11, 863.11, 863.13, 895.43 and 895.435; and to create 632.695, 700.17 (2) (am), 700.26, 701.065, 701.115, 701.25, 701.26, 702.22, 705.09, 705.20 (3), subchapter III (title) of chapter 705 [precedes 705.21], 705.31, 706.105, 766.58 (3m), 767.266 (title), 767.266 (1) (b), 767.266 (2), subchapter I (title) of chapter 851 [precedes 851.002], 851.035, 851.065, 851.30, 851.31, subchapter II (title) of chapter 851 [precedes 851.40], 851.50, 852.01 (1) (f) 1., 852.01 (1) (f) 2., 852.01 (1) (f) 3., 852.03 (5) and (6), 852.05 (4), 852.10, 852.12, subchapter I (title) of chapter 853 [precedes 853.01], 853.03 (2) (a), (b) and (c), 853.04, 853.07 (2) (c), 853.11 (1) (bm), 853.32, 853.325, 853.41, subchapter II (title) of chapter 853 [precedes 853.50], 853.51 (1) (bc), 853.51 (2m), chapter 854, 856.05 (5), 856.16, 861.018, 861.04, 861.06, 861.08, 861.10, subchapter III (title) of chapter 861 [precedes 861.17], 861.21, 861.31 (1c), 861.31 (4) (a), 861.33 (1) (c), 861.35 (1c), 861.35 (3) (e), 861.35 (4) (a) and 861.43 of the statutes; relating to: changes to the probate code.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
188,1 Section 1. 6.875 (1) (b) of the statutes is amended to read:
6.875 (1) (b) "Relative" means a spouse or individual related within the 1st, 2nd or 3rd degree of kinship under s. 852.03 (2), 1995 stats.
188,2 Section 2. 48.92 (3) of the statutes is amended to read:
48.92 (3) Rights of inheritance by, from and through an adopted child are governed by s. 851.51 ss. 854.20 and 854.21.
188,3 Section 3. 146.34 (1) (j) of the statutes is amended to read:
146.34 (1) (j) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats. This relationship may be by consanguinity or direct affinity.
188,4 Section 4. 157.061 (7) of the statutes is amended to read:
157.061 (7) "Family member" means a spouse or an individual related by blood, marriage or adoption within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats.
188,5 Section 5. 178.21 (3) (e) of the statutes is amended to read:
178.21 (3) (e) A partner's right in specific partnership property is not subject to elective rights under s. 861.02 (1) or 861.03 of a surviving spouse or to allowances to a surviving spouse, heirs, or next of kin.
188,6 Section 6. 242.01 (11) of the statutes is amended to read:
242.01 (11) "Relative" means an individual related by consanguinity within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats., a spouse or an individual related to a spouse within the 3rd degree as so computed, and includes an individual in an adoptive relationship within the 3rd degree.
188,7 Section 7. 252.15 (1) (eg) of the statutes is amended to read:
252.15 (1) (eg) "Relative" means a spouse, parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats. This relationship may be by consanguinity or direct affinity.
188,8 Section 8. 615.03 (1) (c) of the statutes is amended to read:
615.03 (1) (c) A natural person who issues such an annuity to a relative by blood or marriage within the third 3rd degree of kinship as computed according to s. 852.03 (2), 1995 stats.
188,9 Section 9. 632.485 of the statutes is repealed.
188,10 Section 10. 632.695 of the statutes is created to read:
632.695 Applicability of general transfers at death provisions. Chapter 854 applies to transfers at death under life insurance policies and annuities.
188,11 Section 11. 700.11 of the statutes is repealed and recreated to read:
700.11 Interests in "heirs" and the like. (1) If a statute or governing instrument, as defined in s. 854.01, specifies that property is to be distributed to, or a future interest is to be created in, a designated individual's "heirs", "heirs at law", "next of kin", "relatives" or "family" or a term that has a similar meaning, or if a class gift in favor of "descendants", "issue" or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed according to s. 854.22.
(2) The common law doctrine of worthier title is abolished under s. 854.22 (3). Situations in which the doctrine may have applied are governed by s. 854.22 (1).
188,12 Section 12. 700.12 of the statutes is repealed and recreated to read:
700.12 After-born persons included in class gift. With respect to membership in a class under a class gift, the status of a person who was born after the membership in the class was determined is governed by s. 854.21 (5).
188,13 Section 13. 700.17 (2) (a) of the statutes is amended to read:
700.17 (2) (a) Each of 2 or more joint tenants has an equal interest in the whole property for the duration of the tenancy, irrespective of unequal contributions at its creation. On the death of one of 2 joint tenants, the survivor becomes the sole owner; on the death of one of 3 or more joint tenants, the survivors are joint tenants of the entire interest, except that if. If a survivor disclaims under s. 701.27 (2) (b) 1. 854.13 (2) (b), the joint tenancy is severed as of the date of death with respect to the disclaimed interest.
188,14 Section 14. 700.17 (2) (am) of the statutes is created to read:
700.17 (2) (am) Survivorship under par. (a) is governed by s. 854.03 (2).
188,15 Section 15. 700.17 (2) (b) 1. of the statutes is renumbered 700.17 (2) (b) and amended to read:
700.17 (2) (b) If a joint tenant unlawfully and intentionally kills another joint tenant of the same property, the disposition of the deceased joint tenant's interest in the joint tenancy is severed so that the interest of the decedent passes as the decedent's property and the killer has no right of survivorship as to that property governed by s. 854.14.
188,16 Section 16. 700.17 (2) (b) 2. of the statutes is repealed.
188,17 Section 17. 700.26 of the statutes is created to read:
700.26 Applicability of general transfers at death provisions. Chapter 854 applies to a transfer at death under an instrument of transfer.
188,17m Section 17m. 701.065 of the statutes is created to read:
701.065 Debts of decedents. (1) Limitations on claims. (a) 1. A trustee who has a duty or power to pay the debts of a decedent may publish in the county in which the decedent resided, as a class 3 notice, under ch. 985, a deadline for filing claims with the trustee. The deadline shall be the date that is 4 months after the date of the first insertion of the notice.
2. Except as provided in pars. (b) and (c), if the trustee satisfies the requirements for the publication of the notice under subd. 1., all claims, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, are barred against the trustee, the trust property and any recipient of trust property unless filed with the trustee on or before the date specified in the notice under subd. 1.
(b) Notwithstanding par. (a) 2., a claim that is not filed on or before the date specified in the notice under par. (a) 1. is not barred if any of the following apply:
1. The claim is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income, franchise, sales, withholding, gift or death taxes, or on unemployment compensation contributions due or benefits overpaid, a claim for funeral or administrative expenses, a claim of this state under s. 46.27 (7g), 49.496 or 49.682 or a claim of the United States.
2. All of the following circumstances exist:
a. On or before the date specified in the notice under par. (a) 1., the trustee knew, or in the exercise of reasonable diligence should have known, of the existence of the potential claim and of the identity and mailing address of the potential claimant.
b. At least 30 days before the date specified in the notice under par. (a) 1., the trustee had not given notice to the potential claimant of the final day for filing his or her claim.
c. At least 30 days before the date specified in the notice under par. (a) 1., the claimant did not have actual knowledge of the date on which the claim would be barred.
(c) If an action is pending against a decedent at the time of his or her death and the action survives, the plaintiff in that action may serve a notice of substitution of party defendant on the trustee and file proof of service of notice in the court. Filing of proof of service on or before the deadline for filing a claim under par. (a) 1. gives the plaintiff the same rights against the trust as the filing of a claim. A judgment in any such action constitutes an adjudication for or against the trust.
(2) Effect of statute of limitations. A trustee shall not pay a claim that was barred by a statute of limitations at the time of the decedent's death. A claim not barred by a statute of limitations at the time of the decedent's death shall not be barred thereafter by a statute of limitations if the claim is filed with the trustee on or before the deadline for filing a claim under sub. (1) (a) 1.
(3) Claims of creditors without notice. (a) A claim not barred by sub. (1) (a) 2. because of the operation of sub. (1) (b) 2. may be enforced against trust property only as provided in this subsection.
(b) The claimant shall file the claim with the trustee within one year after the decedent's death and within 30 days after the earlier of the following:
1. The date that the trustee gives notice to the potential claimant of the deadline for filing a claim under sub. (1) (a) 1.
2. The date that the claimant first acquires actual knowledge of the deadline for filing a claim under sub. (1) (a) 1.
(c) The claimant shall have the burden of establishing by the greater weight of the credible evidence that all of the circumstances under sub. (1) (b) 2. existed.
(d) This subsection does not extend the time for commencement of a claim beyond the time provided by any statute of limitations applicable to that claim.
(4) Satisfaction of claim from other property. Failure of a claimant timely to file a claim as provided in this section does not bar the claimant from satisfying the claim, if not otherwise barred, from property other than trust property.
188,18 Section 18. 701.115 of the statutes is created to read:
701.115 Future interests in revocable trusts. (1) Unless a contrary intention is found, if a person has a future interest in property under a revocable trust and, under the terms of the trust, the person has the right to possession and enjoyment of the property at the grantor's death, the right to possession and enjoyment is contingent on the person's surviving the grantor. Extrinsic evidence may be used to show contrary intent.
(2) Survivorship under sub. (1) is governed by s. 854.03.
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