AB645-ASA1,98,8 5(a) The effect on claims under s. 859.25 and. The court shall balance the needs
6of the spouse or minor child dependent children against the nature of the creditors'
7claims in setting the amount allowed hereunder. The court shall also consider the
8under this section.
AB645-ASA1,98,9 9(b) The size of the estate, other.
AB645-ASA1,98,10 10(c) Other resources available for support, the.
AB645-ASA1,98,11 11(d) The existing standard of living and any.
AB645-ASA1,98,12 12(f) Any other factors it that the court considers relevant.
AB645-ASA1,98,15 13(4) The court may direct that the allowance to the surviving spouse, not
14including any allowance for the support and education of minor dependent children,
15be applied against any in satisfaction of any of the following:
AB645-ASA1,98,16 16(b) Any right of the surviving spouse to elect under ss. s. 861.02 (1) and 861.03.
AB645-ASA1, s. 222 17Section 222. 861.35 (3) (e) of the statutes is created to read:
AB645-ASA1,98,1918 861.35 (3) (e) Whether the provisions of a marital property agreement will
19create a hardship for the surviving spouse.
AB645-ASA1, s. 223 20Section 223. 861.35 (4) (a) of the statutes is created to read:
AB645-ASA1,98,2121 861.35 (4) (a) Any entitlement of the surviving spouse under s. 853.11 (2).
AB645-ASA1, s. 224 22Section 224. 861.41 (3) and (4) of the statutes are repealed.
AB645-ASA1, s. 225 23Section 225. 861.43 of the statutes is created to read:
AB645-ASA1,99,4 24861.43 Authority and powers of conservator, guardian or agent. A
25conservator, guardian or guardian ad litem of the spouse or of a child of the decedent,

1or an agent of the spouse or of a child of the decedent acting under a power of attorney,
2may on behalf of the spouse or child exercise any of the rights, apply for any of the
3allowances or make any of the selections that apply to the spouse or child under this
4subchapter.
AB645-ASA1, s. 226 5Section 226. 863.11 of the statutes is repealed and recreated to read:
AB645-ASA1,99,7 6863.11 Order in which assets appropriated; abatement. Shares of
7distributees abate in accordance with the rules under s. 854.18.
AB645-ASA1, s. 227 8Section 227. 863.13 of the statutes is repealed and recreated to read:
AB645-ASA1,99,11 9863.13 No exoneration of encumbered property. Specifically devised
10property that is subject to a mortgage or other encumbrance is subject to the rules
11under s. 854.05.
AB645-ASA1, s. 228 12Section 228. 863.37 (1) of the statutes is amended to read:
AB645-ASA1,99,1913 863.37 (1) If the laws, executive orders or regulations of the United States
14prohibit payment, conveyance, transfer, assignment or delivery of property or
15interest therein
to a legatee, devisee, ward or beneficiary of an estate or trust, or to
16any person on his or her behalf, the court, after notice to the person under s. 879.03,
17may, by judgment or decree, authorize such disposition of the property or interest
18therein,
as is or may be permissible under or in conformity with the laws, executive
19orders or regulations of the United States.
AB645-ASA1, s. 229 20Section 229. 880.32 of the statutes is amended to read:
AB645-ASA1,99,25 21880.32 Notes and mortgages of minor veterans. Notwithstanding any
22provision of this chapter or any other law to the contrary, any minor who served in
23the active armed forces of the United States at any time after August 27, 1940, and
24the husband or wife of such minor may execute in his or her own right, notes or
25mortgages, the payment of which is guaranteed or insured by the U.S. department

1of veterans affairs or the federal housing administrator under the servicemen's
2readjustment act of 1944 or the national housing act or any acts supplementary
3thereto or amendatory thereof. In connection with such transactions, such minors
4may sell, release or convey such mortgaged property or any interest therein, and
5litigate or settle controversies arising therefrom, including the execution of releases,
6deeds and other necessary papers or instruments. Such notes, mortgages, releases,
7deeds and other necessary papers or instruments when so executed shall not be
8subject to avoidance by such minor or the husband or wife of such minor upon either
9or both of them attaining the age of 18 because of the minority of either or both of
10them at the time of the execution thereof.
AB645-ASA1, s. 230 11Section 230. 880.695 (1) of the statutes is amended to read:
AB645-ASA1,100,2312 880.695 (1) A person nominated under s. 880.62 or designated under s. 880.65
13as custodian may decline to serve by delivering a valid disclaimer under s. 701.27,
14in the case of a nontestamentary disclaimer, or under s. 853.40 if other than a
15nontestamentary disclaimer,
854.13 to the person who made the nomination or to the
16transferor or the transferor's legal representative. If the event giving rise to a
17transfer has not occurred and no substitute custodian able, willing and eligible to
18serve was nominated under s. 880.62, the person who made the nomination may
19nominate a substitute custodian under s. 880.62; otherwise the transferor or the
20transferor's legal representative shall designate a substitute custodian at the time
21of the transfer, in either case from among the persons eligible to serve as custodian
22for that kind of property under s. 880.65 (1). The custodian so designated has the
23rights of a successor custodian.
AB645-ASA1, s. 231 24Section 231. 895.43 of the statutes is repealed and recreated to read:
AB645-ASA1,101,3
1895.43 Intentional killing by beneficiary of contract. The rights of a
2beneficiary of a contractual arrangement who kills the principal obligee under the
3contractual arrangement are governed by s. 854.14.
AB645-ASA1, s. 232 4Section 232. 895.435 of the statutes is repealed and recreated to read:
AB645-ASA1,101,7 5895.435 Intentional killing by beneficiary of certain death benefits.
6The rights of a beneficiary to receive benefits payable by reason of the death of an
7individual killed by the beneficiary are governed by s. 854.14.
AB645-ASA1, s. 233 8Section 233. Initial applicability.
AB645-ASA1,101,109 (1) This act first applies to deaths occurring on January 1, 1999, except with
10respect to irrevocable governing instruments executed before that date.
Loading...
Loading...