AB645-ASA1,17,104
766.589
(7) Rights of surviving spouse. Notwithstanding the fact that an
5agreement under this section is in effect at, or has terminated before, the time of
6death of a spouse who is party to the agreement, the surviving spouse may elect
7under
ss. s. 861.02
and 861.03. For the purpose of the election, in addition to the
8property described in s. 851.055, property acquired during marriage and after the
9determination date which would have been marital property but for the agreement
10is deferred marital property.
AB645-ASA1, s. 75
11Section
75. 766.61 (2) (c) 2. of the statutes is amended to read:
AB645-ASA1,17,2012
766.61
(2) (c) 2. If within 14 business days after receiving the notice of claim
13the issuer receives at its home office, as purporting to support the notice of claim, a
14decree, marital property agreement, written directive signed by the beneficiary and
15surviving spouse, consent under sub. (3) (e) or proof that a legal action has been filed,
16including a copy of an election filed pursuant to s.
861.03 861.08 (1), to secure an
17interest as evidenced in such a document, the issuer shall make payment or take
18action on the policy after the issuer receives from a court or from the claimant and
19the person directing action or payment written documentation indicating that the
20dispute has been resolved.
AB645-ASA1, s. 76
21Section
76. 767.266 (title) of the statutes is renumbered 767.266 (1) (title).
AB645-ASA1,17,23
23767.266 (title)
Effect on transfers at death.
AB645-ASA1, s. 78
24Section
78. 767.266 of the statutes is renumbered 767.266 (1) (intro.) and
25amended to read:
AB645-ASA1,18,5
1767.266
(1) (title)
Revocation of nontestamentary disposition provision
2death provisions in marital property agreement. (intro.) Unless the judgment
3provides otherwise, a judgment of annulment, divorce or legal separation revokes a
4provision in a marital property agreement under s. 766.58
which provides that
5provides for any of the following:
AB645-ASA1,18,8
6(a) That, upon the death of either spouse, any of either or both spouses'
7property, including after-acquired property, passes without probate to a designated
8person, trust or other entity by nontestamentary disposition.
AB645-ASA1,18,1110
767.266
(1) (b) That one or both spouses will make a particular disposition in
11a will or other governing instrument, as defined in s. 854.01.
AB645-ASA1,18,1713
767.266
(2) Revocation of revocable transfers at death. Unless sub. (1)
14applies, revocation of revocable transfers at death by a former spouse to the other
15former spouse, or to relatives of the other former spouse, under an instrument
16executed before the judgment of annulment, divorce or legal separation is governed
17by s. 854.15.
AB645-ASA1,18,25
19815.56 Sheriff's deed; grantee if purchaser dead. In case the person who
20would be entitled to a deed of real estate sold on execution dies before the delivery
21of that deed the sheriff shall execute a deed to the person's executors or
22administrators. The real estate so conveyed shall be held in trust for the use of the
23heirs or devisees of the deceased person, subject to the surviving spouse's right to
24elect under
ss. s. 861.02 (1)
and 861.03, but may be sold for the payment of debts in
25the same manner as lands of which the person died seized.
AB645-ASA1, s. 83
2Section
83. Subchapter I (title) of chapter 851 [precedes 851.002] of the
3statutes is created to read:
AB645-ASA1,19,65
Subchapter I
6
Definitions
AB645-ASA1,19,9
8851.002 Definitions. The definitions in ss. 851.01 to
851.29 851.31 apply to
9chs. 851 to 882.
AB645-ASA1,19,12
11851.035 Conscious presence. "Conscious presence" means within the range
12of any of a person's senses.
AB645-ASA1, s. 86
13Section
86. 851.055 of the statutes is repealed and recreated to read:
AB645-ASA1,19,15
14851.055 Deferred marital property. "Deferred marital property" means any
15property that satisfies all of the following:
AB645-ASA1,19,16
16(1) Is not classified by ch. 766.
AB645-ASA1,19,17
17(2) Was acquired while the spouses were married.
AB645-ASA1,19,19
18(3) Would have been classified as marital property under ch. 766 if the property
19had been acquired when ch. 766 applied.
AB645-ASA1,19,23
21851.065 Devise. "Devise", when used as a noun, means a testamentary
22disposition of any real or personal property by will. "Devise", when used as a verb,
23means to dispose of any real or personal property by will.
AB645-ASA1,20,4
1851.13 Issue. "Issue" means children, grandchildren, great-grandchildren,
2and lineal descendants of more remote degrees, including those who occupy that
3relation by reason of adoption under s.
851.51 854.20 and nonmarital children and
4their lineal descendants to the extent provided by s. 852.05.
AB645-ASA1,20,9
6851.27 Property. "Property" means any interest, legal or equitable, in real or
7personal property, without distinction as to kind
, including money, rights of a
8beneficiary under a contractual arrangement, chooses in action and anything else
9that may be the subject of ownership.
AB645-ASA1,20,12
11851.30 Surviving spouse. (1) Subject to sub. (2), "surviving spouse" means
12a person who was married to the decedent at the time of the decedent's death.
AB645-ASA1,20,13
13(2) "Surviving spouse" does not include any of the following:
AB645-ASA1,20,1814
(a) An individual who obtains or consents to a final decree or judgment of
15divorce from the decedent or an annulment of their marriage, if the decree or
16judgment is not recognized as valid in this state, unless they subsequently
17participate in a marriage ceremony purporting to marry each other or they
18subsequently hold themselves out as husband and wife.
AB645-ASA1,20,2119
(b) An individual who, following an invalid decree or judgment of divorce or
20annulment obtained by the decedent, participates in a marriage ceremony with a 3rd
21individual.
AB645-ASA1,20,2322
(c) An individual who was party to a valid proceeding concluded by an order
23purporting to terminate all property rights based on the marriage.
AB645-ASA1,21,4
1851.31 Will. "Will" includes a codicil and any document incorporated by
2reference in a testamentary document under s. 853.32 (1) or (2). "Will" does not
3include a copy, unless the copy has been proven as a will under s. 856.17, but "will"
4does include a properly executed duplicate original.
AB645-ASA1, s. 93
6Section
93. Subchapter II (title) of chapter 851 [precedes 851.40] of the
7statutes is created to read:
AB645-ASA1,21,109
Subchapter II
10
General probate provisions
AB645-ASA1,21,14
12851.50 Status of adopted persons. The status of adopted persons for
13purposes of inheritance and transfers under wills or other governing instruments,
14as defined in s. 854.01, is governed by ss. 854.20 and 854.21.
AB645-ASA1, s. 96
16Section
96. 851.51 (1) and (2) of the statutes are renumbered 854.20 (1) and
17(2) and amended to read:
AB645-ASA1,21,2318
854.20
(1) Inheritance rights between adopted person and adoptive
19relatives. A Subject to sub. (4), a legally adopted person is treated as a
natural birth 20child of the person's adoptive parents for purposes of intestate succession by, through
21and from the adopted person and for purposes of any statute conferring rights upon
22children, issue or relatives in connection with the law of intestate succession or
wills 23governing instruments.
AB645-ASA1,22,2
24(2) (title)
Inheritance rights between adopted person and natural birth
25relatives. A Subject to sub. (4), a legally adopted person ceases to be treated as a
1child of the person's
natural birth parents for the same purposes
as under sub. (1),
2except:
AB645-ASA1,22,53
(a) If a
natural birth parent marries or remarries and the child is adopted by
4the stepparent,
for all purposes the child is treated as the child of the
child's natural 5birth parent
for all purposes; whose spouse adopted the child.
AB645-ASA1,22,116
(b) If a
natural birth parent of a marital child dies and the other
natural birth 7parent remarries and the child is adopted by the stepparent, the child is treated as
8the child of the deceased
natural birth parent for purposes of inheritance through
9that parent and for purposes of any statute conferring rights upon children, issue or
10relatives of that parent under the law of intestate succession or
wills governing
11instruments.
AB645-ASA1, s. 98
13Section
98. 851.55 of the statutes is repealed and recreated to read:
AB645-ASA1,22,16
14851.55 Simultaneous death. The transfer of or title to property that depends
15upon priority of death with respect to 2 or more persons who die simultaneously is
16governed by s. 854.03.
AB645-ASA1, s. 99
17Section
99. 852.01 (1) (intro.) of the statutes is amended to read:
AB645-ASA1,22,2218
852.01
(1) Who are heirs. (intro.)
The Except as modified by the decedent's
19will under s. 852.10 (1), any part of the net estate of a decedent
which the decedent
20has that is not disposed of by will
, whether the decedent dies without a will, or with
21a will which does not completely dispose of the decedent's estate, passes to the
22decedent's surviving heirs as follows:
AB645-ASA1,23,3
1852.01
(1) (a) 2. If there are surviving issue one or more of whom are not issue
2of the surviving spouse, one-half of
that portion of the decedent's net estate not
3disposed of by will consisting of decedent's property other than marital property.
AB645-ASA1, s. 101
4Section
101. 852.01 (1) (b) and (d) of the statutes are amended to read:
AB645-ASA1,23,95
852.01
(1) (b) To the issue, the share of the estate not passing to the spouse
6under par. (a), or the entire estate if there is no surviving spouse
; if the issue are all
7in the same degree of kinship to the decedent they take equally, but if they are of
8unequal degree then. If there are issue other than children, those of more remote
9degrees take
by representation per stirpes.
AB645-ASA1,23,1110
(d) If there is no surviving spouse, issue or parent, to the brothers and sisters
11and the issue of any deceased brother or sister
by representation per stirpes.
AB645-ASA1, s. 103
13Section
103. 852.01 (1) (f) of the statutes is renumbered 852.01 (1) (f) (intro.)
14and amended to read:
AB645-ASA1,23,1615
852.01
(1) (f) (intro.) If there is no surviving spouse, issue, parent or issue of
16a parent, to the grandparents
and their issue as follows:
AB645-ASA1,23,2018
852.01
(1) (f) 1. One-half to the maternal grandparents equally if both survive,
19or to the surviving maternal grandparent; if both maternal grandparents are
20deceased, to the issue of the maternal grandparents or either of them, per stirpes.
AB645-ASA1,23,2322
852.01
(1) (f) 2. One-half to the paternal relations in the same manner as to
23the maternal relations under subd. 1.
AB645-ASA1,24,3
1852.01
(1) (f) 3. If either the maternal side or the paternal side has no surviving
2grandparent or issue of a grandparent, the entire estate to the decedent's relatives
3on the other side.
AB645-ASA1, s. 108
5Section
108. 852.01 (2) of the statutes is repealed and recreated to read:
AB645-ASA1,24,76
852.01
(2) Survivorship requirement. Survivorship under sub. (1) is
7determined as provided in s. 854.03.
AB645-ASA1, s. 109
8Section
109. 852.01 (2m) of the statutes is repealed and recreated to read:
AB645-ASA1,24,109
852.01
(2m) Heir who kills decedent. If a person under sub. (1) killed the
10decedent, the inheritance rights of that person are governed by s. 854.14.
AB645-ASA1, s. 110
11Section
110. 852.03 (1) of the statutes is repealed and recreated to read:
AB645-ASA1,24,1312
852.03
(1) Per stirpes. If per stirpes distribution is called for under s. 852.01
13(1) (b), (d) or (f), the rules under s. 854.04 apply.
AB645-ASA1, s. 112
15Section
112. 852.03 (3) of the statutes is repealed and recreated to read:
AB645-ASA1,24,1716
852.03
(3) Relatives of the half blood. Inheritance rights of relatives of the
17half blood are governed by s. 854.21 (4).
AB645-ASA1, s. 113
18Section
113. 852.03 (4) of the statutes is repealed and recreated to read:
AB645-ASA1,24,2019
852.03
(4) Posthumous heirs. Inheritance rights of a person specified in s.
20852.01 (1) who was born after the death of the decedent are governed by s. 854.21 (5).
AB645-ASA1,24,2322
852.03
(5) Related through 2 lines. Inheritance rights of a person who is
23related to the decedent through 2 lines of relationship are governed by s. 854.21 (6).
AB645-ASA1,25,2
24(6) Taking through or by alien. No person is disqualified from taking as an
25heir because the person or a person through whom he or she claims is not or at some
1time was not a U.S. citizen. The rights of an alien to acquire or hold land in the state
2are governed by ss. 710.01 to 710.03.
AB645-ASA1, s. 115
3Section
115. 852.05 (1) of the statutes is renumbered 852.05 (1) (intro.) and
4amended to read: