AB933, s. 141
11Section
141. 856.05 (1) of the statutes is amended to read:
AB933,62,2312
856.05
(1) Duty and liability of person with custody. Every Any person, other
13than
the executor a person named in the will to act as personal representative,
14having the custody of any will shall, within 30 days after he or she has knowledge
15of the death of the testator, file the will in the proper court or deliver it to the person
16named
as executor in the will
to act as personal representative.
Every Any person
17named
as executor in a will to act as personal representative shall, within 30 days
18after he or she has knowledge that he or she is named
executor to act as personal
19representative, and has knowledge of the death of the testator, file the will in the
20proper court, unless the will has been otherwise deposited with the court.
Every Any 21person who neglects to perform any of the duties required in this subsection, without
22reasonable cause, is liable in a proceeding in court to every person interested in the
23will for all damages caused by the neglect.
AB933, s. 142
24Section
142. 856.05 (3) of the statutes is amended to read:
AB933,63,7
1856.05
(3) Penalty. Any person who with intent to injure or defraud any person
2interested
therein in a will suppresses or secretes any will of a person then deceased
3or any information as to the existence or location of any will or having custody of any
4will fails to file it in the court or to deliver it to the
executor person named
therein
5shall be punished by the court by imprisonment in the will to act as personal
6representative shall be fined not more than $500 or imprisoned in the county jail for
7not more than one year
or by fine not to exceed $500 or both.
Note: Conforms penalty provision to current style.
AB933, s. 143
8Section
143. 856.07 (1) of the statutes is amended to read:
AB933,63,119
856.07
(1) Generally. Petition for administration of the estate of a decedent
10may be made by any
executor person named in the will
to act as personal
11representative or by any person interested.
AB933, s. 144
12Section
144. 856.09 (4) of the statutes is amended to read:
AB933,63,1413
856.09
(4) The name and post-office address of the person named
as executor 14in the will
to act as personal representative;
AB933, s. 145
15Section
145. 856.21 (1) of the statutes is amended to read:
AB933,63,1716
856.21
(1) The
executor person named in the will
to act as personal
17representative.
AB933, s. 146
18Section
146. 856.23 (1) (intro.) and (e) of the statutes are amended to read:
AB933,63,2119
856.23
(1) (intro.) A person including the
executor person named in the will
to
20act as personal representative is not entitled to receive letters if the person is any of
21the following:
AB933,63,2222
(e) A person whom the court
deems considers unsuitable for good cause shown.
AB933, s. 147
23Section
147. 868.03 (1) (a) of the statutes is amended to read:
AB933,64,6
1868.03
(1) (a) "Representative" means
an executor, administrator a personal
2representative, testamentary trustee, guardian
, or other fiduciary of the estate of a
3decedent or a ward duly appointed by a court and qualified. It includes any
4corporation so appointed, regardless of whether the corporation is eligible to act
5under the law of this state. This section does not change the powers or duties of a
6testamentary trustee under the nonstatutory law or under the terms of a trust.
AB933, s. 148
7Section
148. 879.35 of the statutes is amended to read:
AB933,64,14
8879.35 Costs in will contests. Costs may be awarded out of the estate to an
9unsuccessful proponent of a will if the unsuccessful proponent is named
in the will
10to act as
an executor therein personal representative and propounded the document
11in good faith, and to the unsuccessful contestant of a will if the unsuccessful
12contestant is named
to act as
an executor personal representative in another
13document propounded by the unsuccessful contestant in good faith as the last will
14of the decedent.
AB933, s. 149
15Section
149. 879.37 of the statutes is amended to read:
AB933,64,23
16879.37 Attorney fees in contests. Reasonable attorney fees may be awarded
17out of the estate to the prevailing party in all appealable contested matters, to an
18unsuccessful proponent of a will if the unsuccessful proponent is named
in the will
19to act as
an executor therein personal representative and propounded the document
20in good faith, and to the unsuccessful contestant of a will if the unsuccessful
21contestant is named
to act as
an executor personal representative in another
22document propounded by the unsuccessful contestant in good faith as the last will
23of the decedent.
AB933, s. 150
24Section
150. 879.59 (2) of the statutes is amended to read:
AB933,65,15
1879.59
(2) Between testate and intestate distributees; parties. The court also
2may authorize the person named
to act as
executor personal representative in one
3or more instruments purporting to be the last will and testament of a
person
4deceased decedent, or the petitioners for administration with the will or wills
5annexed, to adjust by compromise any controversy that may arise between the
6persons claiming as devisees or legatees under the will or wills and the persons
7entitled to or claiming the estate of the deceased under the statutes regulating the
8descent and distribution of intestate estates, to which agreement or compromise the
9persons named
as executors to act as personal representatives or the petitioners for
10administration with will annexed, those claiming as devisees or legatees and those
11claiming the estate as intestate shall be parties, provided that persons named
to act 12as
executors personal representatives in any instrument who have renounced or
13shall renounce
such executorship the right to act as personal representative and any
14person whose interest in the estate is unaffected by the proposed compromise shall
15not be required to be parties to the compromise.
AB933, s. 151
16Section
151. 880.295 (1) of the statutes is renumbered 880.295 (1) (a) and
17amended to read:
AB933,66,418
880.295
(1) (a) When a patient in any state or county hospital or mental
19hospital or in any state institution for the mentally deficient, or a resident of the
20county home or infirmary, appears in need of a guardian, and does not have a
21guardian, the department of health and family services by its collection and
22deportation counsel, or the county corporation counsel, may apply to the circuit court
23of the county in which the patient resided at the time of commitment or
to the circuit
24court of the county in which the facility in which the patient resides is located for the
25appointment of a guardian of the person and estate, or either, or for the appointment
1of a conservator of the estate, and the court, upon the application, may appoint the
2guardian or conservator in the manner provided for the appointment of guardians
3under ss. 880.08 (1) and 880.33 or for the appointment of conservators under s.
4880.31.
AB933,66,6
5(b) If application is made by a corporation counsel, a copy of the petition made
6to the court shall be filed with the department of health and family services.
AB933,66,14
7(c) If application is made by a corporation counsel for appointment of a
8guardian of the estate of the patient or resident, or by the patient or resident for
9appointment of a conservator of the patient's or resident's estate, the court may
10designate the county as guardian or conservator if the court finds that no relative or
11friend is available to serve as guardian or conservator and the county is not required
12to make or file any oath or give any bond or security, except in the discretion of the
13court making the appointment, as similarly provided under s. 223.03
(8) (6) (a) in the
14case of the appointment of a trust company bank corporation.
AB933,66,16
15(d) The court may place any limitations upon the guardianship or
16conservatorship as it
deems considers to be in the best interest of the patient.
AB933,67,2
17(e) Before any county employee administers the funds of a person's estate
of for 18which the county has been appointed guardian or conservator, the employee must be
19designated as securities agent in the classified service of the county, and the
20employee's designation as securities agent shall appear on all court papers
which 21that the security agent signs in the name of the county as guardian or conservator.
22The securities agent, before entering upon the duties, shall also furnish an official
23bond in
such the amount and with
such the sureties
as that the county board
24determines, subject to the prior approval of the amount by the court assigned to
1exercise jurisdiction. The bond shall be filed in the office of the register in probate,
2and a duplicate original
thereof of the bond filed in the office of the county clerk.
AB933,67,7
3(f) A conservatorship under this section shall be terminated by the court upon
4discharge of the patient unless application for continued conservatorship is made.
5The superintendent or director of the facility shall notify the court of the discharge
6of a patient for whom a guardian or conservator has been appointed under this
7subsection.
AB933, s. 152
8Section
152. 891.32 of the statutes is amended to read:
AB933,67,16
9891.32 Allegation as to executor, guardian, etc representative
10capacity. Whenever a plaintiff
shall sue sues as
an executor, administrator a
11personal representative, guardian
, or trustee and
shall allege alleges in the
12complaint appointment
as such, to that position and, if
appointed the appointment
13was made in another state or
a foreign country, the filing or recording of the
14authenticated copy of the appointment
, as required by the laws of this state,
such 15those allegations shall be taken as true unless specifically denied
by the defendant
16by in the
defendant's answer.
AB933, s. 153
17Section
153. 893.22 of the statutes is amended to read:
AB933,68,2
18893.22 Limitation in case of death. If a person entitled to bring an action
19dies before the expiration of the time limited for the commencement of the action and
20the cause of action survives
, an action may be commenced by the person's
21representatives after the expiration of that time and within one year from the
22person's death. If a person against whom an action may be brought dies before the
23expiration of the time limited for the commencement of the action and the cause of
24action survives
, an action may be commenced after the expiration of that time and
1within one year after the issuing, within this state, of letters testamentary or
of other
2letters authorizing the administration
of the decedent's estate.
AB933, s. 154
3Section
154. 893.46 of the statutes is amended to read:
AB933,68,8
4893.46 Acknowledgment, who not bound by. If there are 2 or more joint
5contractors or joint
administrators personal representatives of any contractor
, no
6such joint contractor
, executor or
administrator joint personal representative shall
7lose the benefit of this chapter so as to be chargeable by reason only of any
8acknowledgment or promise made by any other of them.
AB933, s. 155
9Section
155. 893.47 of the statutes is amended to read:
AB933,68,17
10893.47 Actions against parties jointly liable. In actions commenced
11against 2 or more joint contractors or joint
executors or administrators personal
12representatives of any contractors, if it shall appear, on the trial or otherwise, that
13the plaintiff is barred by this chapter as to one or more of the defendants
, but is
14entitled to recover against any other or others of them
, by virtue of a new
15acknowledgment or promise
, or otherwise, judgment shall be given for the plaintiff
16as to any of the defendants against whom the plaintiff is entitled to recover and for
17the other defendant or defendants against the plaintiff.
AB933, s. 156
18Section
156. 893.49 of the statutes is amended to read:
AB933,68,22
19893.49 Payment by one not to affect others. If there are 2 or more joint
20contractors or joint
executors or administrators
personal representatives of any
21contractor
, no one of them shall lose the benefit of this chapter
, so as to be chargeable
, 22by reason only of any payment made by any other of them.
AB933, s. 157
23Section
157. 895.02 of the statutes is amended to read:
AB933,69,5
24895.02 Measure of damages against executor personal representative. 25When any action
mentioned described in s. 895.01 (1) shall be prosecuted to
1judgment against the
executor or administrator
personal representative, the
2plaintiff shall be entitled to recover only for the value of the goods taken
, including
3any unjust enrichment of the defendant, or for the damages actually sustained,
4without any vindictive or exemplary damages or damages for alleged outrage to the
5feelings of the injured party.
AB933, s. 158
6Section
158. 895.031 of the statutes is amended to read:
AB933,69,20
7895.031 Recovery from estate of wrongdoer. Whenever If the death of a
8person
shall be is caused by a wrongful act
, neglect or default and the act, neglect or
9default is such as would or omission committed in this state that, if death had not
10ensued,
would have entitled the
party injured
party to maintain an action and
11recover damages
in respect thereof, then in every such case, and the wrongdoer
who
12would have been liable if death had not ensued, although such wrongdoer shall die 13dies prior to the time of
the death of
such the injured person,
the wrongdoer shall be
14liable
to an action for damages notwithstanding
the wrongdoer's prior either death
15and notwithstanding the death of the person injured; provided that such action shall
16be brought for a death caused in this state. Any right of action
which may accrue by
17such injury to the person of another although the death of the wrongdoer occurred
18prior thereto against a deceased wrongdoer under this section shall be enforced by
19bringing an action against the
executor or administrator or deceased wrongdoer's 20personal representative
of such deceased wrongdoer.
Note: This treatment attempts to reduce wordiness.
AB933, s. 159
21Section
159. 895.38 (5) of the statutes is amended to read:
AB933,70,422
895.38
(5) The procedure for hearing, settling
, and allowing
such the
23principal's account shall be according to the practice prescribed by ch. 862
in the
24matter of account of executors and administrators for personal representatives.
1Upon the trust fund or estate being found or made good and paid over or properly
2secured,
such the surety shall be discharged from all liability. Upon demand by the
3principal, the discharged surety shall return the unearned part of the premium paid
4for the canceled bond.
AB933, s. 160
5Section
160. 895.41 (3) (a) (intro.) of the statutes is amended to read:
AB933,70,116
895.41
(3) (a) (intro.) In case an employee who was required to give a cash bond
7dies before the cash bond is withdrawn in the manner provided in sub. (1), the
8accounting and withdrawal may be effected not less than 5 days after the employee's
9death and before the filing of a petition for letters testamentary or
of other letters
10authorizing the administration
in the matter of the decedent's estate, by the
11employer with any of the following, in the following order:
AB933, s. 161
12Section
161. 895.41 (3) (d) of the statutes is amended to read:
AB933,70,1813
895.41
(3) (d) If no relatives designated under par. (a) survive, the employer
14may apply the cash bond, or so much
thereof of the cash bond as may be necessary,
15to paying creditors of the decedent in the order of preference prescribed in s. 859.25
16for satisfaction of debts by
executors and administrators personal representatives.
17The making of payment under this paragraph shall be a discharge and release of the
18employer to the amount of the payment.
AB933, s. 162
19Section
162
. 895.42 (1) of the statutes is renumbered 895.42 (1) (b) (intro.) and
20amended to read:
AB933,71,1221
895.42
(1) (b) (intro.)
In case If in any proceeding in any court of record it is
22determined that moneys or other personal property in the custody of or under the
23control of any
administrator, executor personal representative, trustee, receiver
, or
24other officer of the court, belongs to a natural person if the person is alive, or to an
25artificial person if it is in existence and entitled to receive,
and otherwise to some
1other person, and the court
or judge making such determination finds
that there is
2not sufficient evidence showing that the natural person first entitled to take is alive,
3or that the artificial person is in existence and entitled to receive, or in case such
4money or other personal property, including any legacy or share of intestate property
5cannot be delivered to the legatee or heir or person entitled thereto because of the fact
6that such person is a member of the military or naval forces of the United States or
7any of its allies or is engaged in any of the armed forces abroad or with the American
8Red Cross society or other body or other similar business, then in either or any of such
9cases any of the following, the court
or judge may direct
that the officer having
10custody or control of
such the money or
other personal property
, to deposit
the same
11in the money or property with any trust company
, or any state or national bank
12within the state of Wisconsin authorized to exercise trust powers, taking its:
AB933,71,16
13(c) Any officer depositing money or property with a trust company under par.
14(b), shall take the trust company's receipt
therefor, and the said for the deposit. The 15receipt shall, to the extent of the deposit
so made, constitute a complete discharge
16of the
said officer in any accounting
made by the officer
made in
said the proceeding.
Note: This treatment attempts to reduce wordiness and redundancies and to make
terminology throughout the section consistent with other statutes.
AB933, s. 163
17Section
163. 895.42 (1) (a) of the statutes is created to read:
AB933,71,1918
895.42
(1) (a) In this subsection, "trust company" means any trust company or
19any state or national bank in this state that is authorized to exercise trust powers.
Note: This definition is created to simplify sentence structure.
AB933, s. 164
20Section
164. 895.42 (1) (b) 1. and 2. of the statutes are created to read:
AB933,71,2321
895.42
(1) (b) 1. That there is not sufficient evidence showing that the natural
22person first entitled to take is alive, or that the artificial person is in existence and
23entitled to receive.
AB933,72,5
12. That the money or other personal property, including any legacy or share of
2intestate property, cannot be delivered to the person entitled to the money or
3property because the person is a member of the military or naval forces of the United
4States or any of its allies or is engaged in any of the armed forces abroad or with the
5American Red Cross society or other body or similar business.
Note: See Section 162 of this bill.
AB933, s. 165
6Section
165. 898.27 of the statutes is amended to read:
AB933,72,12
7898.27 Assignment of bond. If any
such bond
shall be given under s. 898.17
8is forfeited
, the party at whose suit the person executing the
same bond shall have
9been confined or, in case of his or her death,
the executor or administrator of such
10party that party's personal representative, shall be entitled to an assignment
thereof 11of the bond, which shall be made by the sheriff taking the same
, or
, in case of a
12vacancy in the sheriff's office
, by the sheriff's undersheriff.
AB933, s. 166
13Section
166. 990.01 (7) of the statutes is repealed.
Note: The term "executor" is removed from the statutes by this bill.
AB933, s. 167
14Section
167. 990.01 (27m) of the statutes is created to read:
AB933,72,1615
990.01
(27m) Personal representative. "Personal representative" means a
16person, however denominated, who is authorized to administer a decedent's estate.