AB1038,42,52
854.13
(4) (c)
Future right to income or profits principal. Notwithstanding
3pars. (a) and (b), an instrument disclaiming the future right to receive
discretionary
4or mandatory distributions of income or
profits
principal from any source may be
5executed and delivered at any time.
AB1038, s. 126
6Section
126. 854.13 (7) (title) of the statutes is amended to read:
AB1038,42,77
854.13
(7) (title)
Devolution in general.
AB1038, s. 127
8Section
127. 854.13 (7) (a) of the statutes is amended to read:
AB1038,42,229
854.13
(7) (a)
In general. Unless the transferor of the property or donee of the
10power has otherwise provided Subject to pars. (bm) and (c) and subs. (8), (9), and (10),
11unless the governing instrument provides otherwise, either expressly or as
12construed from extrinsic evidence, the disclaimed property devolves as if the
13disclaimant had died before the decedent
or before the effective date of the transfer
14under the governing instrument. If the disclaimed interest is a remainder
15contingent on surviving to the time of distribution, the disclaimed interest passes as
16if the disclaimant had died immediately before the time for distribution. If the
17disclaimant is an appointee under a power exercised by a governing instrument, the
18disclaimed property devolves as if the disclaimant had died before the effective date
19of the exercise of the power. If the disclaimant is a taker in default under a power
20created by a governing instrument, the disclaimed property devolves as if the
21disclaimant had predeceased the donee of the power.
This paragraph is subject to
22subs. (8), (9) and (10).
AB1038, s. 128
23Section
128. 854.13 (7) (b) of the statutes is repealed.
AB1038, s. 129
24Section
129. 854.13 (7) (bm) and (c) of the statutes are created to read:
AB1038,43,8
1854.13
(7) (bm)
Devolution to issue of the disclaimants. Unless the governing
2instrument provides otherwise, either expressly or as construed from extrinsic
3evidence, if, by law or under the governing instrument, the issue of the disclaimant
4would share in the disclaimed interest by any method of representation had the
5disclaimant died before the time the disclaimed interest would have taken effect in
6possession or enjoyment, the disclaimed interest passes only to the issue of the
7disclaimant who survive when the disclaimed interest takes effect in possession or
8enjoyment.
AB1038,43,119
(c)
Disclaimer of a devisable future interest. 1. In this paragraph, "devisable
10future interest" is a future interest that can be passed under the will of the person
11who holds the future interest.
AB1038,43,1412
2. If the disclaimed interest is a devisable future interest under the law
13governing the transfer, then the disclaimed interest devolves as if it were a
14nondevisable future interest.
AB1038, s. 130
15Section
130. 854.13 (8) of the statutes is amended to read:
AB1038,43,1916
854.13
(8) Devolution of disclaimed interest in joint tenancy. A Unless the
17decedent provided otherwise in a governing instrument, either expressly or as
18construed from extrinsic evidence, a disclaimed interest in a joint tenancy passes to
19the decedent's probate estate.
AB1038, s. 131
20Section
131. 854.13 (9) of the statutes is amended to read:
AB1038,43,2421
854.13
(9) Devolution of disclaimed interest in survivorship marital
22property. A Unless the decedent provided otherwise in a governing instrument,
23either expressly or as construed from extrinsic evidence, a disclaimed interest in
24survivorship marital property passes to the decedent's probate estate.
AB1038, s. 132
1Section
132. 854.13 (10) (title) of the statutes is repealed and recreated to
2read:
AB1038,44,43
854.13
(10) (title)
Acceleration of subsequent interests when preceding
4interest is disclaimed.
AB1038, s. 133
5Section
133. 854.13 (10) of the statutes is renumbered 854.13 (10) (a) and
6amended to read:
AB1038,44,177
854.13
(10) (a)
Subsequent interest not held by disclaimant. Unless the
8governing instrument
creating the future interest manifests a contrary intent 9provides otherwise, either expressly or as construed from extrinsic evidence,
a future 10upon the disclaimer of a preceding interest, a subsequent interest
not held by the
11disclaimant and limited to take effect in possession or enjoyment after the
12termination of the interest
which that is disclaimed
takes accelerates to take effect
13as if the disclaimant had died
immediately before the
effective date of the governing
14instrument time when the disclaimed interest would have taken effect in possession
15or enjoyment or, if the disclaimant is an appointee under a power exercised by a
16governing instrument power of appointment, as if the disclaimant had died before
17the effective date of the exercise of the power.
AB1038, s. 134
18Section
134. 854.13 (10) (b) of the statutes is created to read:
AB1038,44,2219
854.13
(10) (b)
Subsequent interest held by the disclaimant. Unless the
20governing instrument provides otherwise, either expressly or as construed from
21extrinsic evidence, upon the disclaimer of a preceding interest, a subsequent interest
22held by the disclaimant does not accelerate.
AB1038, s. 135
23Section
135. 854.13 (11) (title) of the statutes is repealed.
AB1038, s. 136
24Section
136. 854.13 (11) (a) of the statutes is renumbered 854.13 (11g), and
25854.13 (11g) (intro.) and (a), as renumbered, are amended to read:
AB1038,45,3
1854.13
(11g) Actions that bar disclaimer Bar. (intro.)
A Bars to a person's
2right to disclaim property
is barred by include, but are not limited to, any of the
3following:
AB1038,45,64
(a) The person's assignment, conveyance, encumbrance, pledge
, or transfer of
5the property or a contract
therefor for the assignment, conveyance, encumbrance,
6pledge, or transfer of the property.
AB1038, s. 137
7Section
137. 854.13 (11) (b) of the statutes is renumbered 854.13 (11p), and
8854.13 (11p) (title), as renumbered, is amended to read:
AB1038,45,109
854.13
(11p) (title)
Effect upon successors in interest of disclaimer or
10waiver.
AB1038, s. 138
11Section
138. 854.13 (12) (b) of the statutes is amended to read:
AB1038,45,1412
854.13
(12) (b) Any disclaimer that meets the requirements of section
2518 of
13the Internal Revenue Code, or the requirements of any other federal law relating to
14disclaimers, constitutes an effective disclaimer under this section
or s. 700.27.
AB1038, s. 140
16Section
140. 854.14 (3m) of the statutes is created to read:
AB1038,45,1817
854.14
(3m) Additional effects if death caused by spouse. (a)
Definitions. 18In this subsection:
AB1038,45,2519
1. "Owner" means a person appearing on the records of the policy issuer as the
20person having the ownership interest, or means the insured if no person other than
21the insured appears on those records as a person having that interest. In the case
22of group insurance, the "owner" means the holder of each individual certificate of
23coverage under the group plan and does not include the person who contracted with
24the policy issuer on behalf of the group, regardless of whether that person is listed
25as the owner on the contract.
AB1038,46,1
12. "Ownership interest" means the rights of an owner under a policy.
AB1038,46,32
3. "Policy" means an insurance policy insuring the life of a spouse and providing
3for payment of death benefits at the spouse's death.
AB1038,46,64
4. "Proceeds" means the death benefit from a policy and all other economic
5benefits from it, whether they accrue or become payable as a result of the death of
6an insured person or upon the occurrence or nonoccurrence of another event.
AB1038,46,157
(b)
Life insurance. 1. Except as provided in sub. (6), if a noninsured spouse
8unlawfully and intentionally kills an insured spouse, the surviving spouse's
9ownership interest in a policy that designates the decedent spouse as the owner and
10insured, or in the proceeds of such a policy, is limited to a dollar amount equal to
11one-half of the marital property interest in the interpolated terminal reserve and in
12the unused portion of the term premium of the policy on the date of death of the
13decedent spouse. All other rights of the surviving spouse in the ownership interest
14or proceeds of the policy, other than the marital property interest described in this
15subsection, terminate at the decedent spouse's death.
AB1038,46,2116
2. Notwithstanding s. 766.61 (7) and except as provided in sub. (6), if an insured
17spouse unlawfully and intentionally kills a noninsured spouse, the ownership
18interest at death of the decedent spouse in any policy with a marital property
19component that designates the surviving spouse as the owner and insured is a
20fractional interest equal to one-half of the portion of the policy that was marital
21property immediately before the death of the decedent spouse.
AB1038,47,422
(c)
Deferred employment benefits. Notwithstanding s. 766.62 (5) and except as
23provided in sub. (6), if the employee spouse unlawfully and intentionally kills the
24nonemployee spouse, the ownership interest at death of the decedent spouse in any
25deferred employment benefit, or in assets in an individual retirement account that
1are traceable to the rollover of a deferred employment benefit plan, that has a marital
2property component and that is attributable to the employment of the surviving
3spouse is equal to one-half of the portion of the benefit or assets that was marital
4property immediately before the death of the decedent spouse.
AB1038,47,115
(d)
Deferred marital property. Except as provided in sub. (6), if the surviving
6spouse unlawfully and intentionally kills the decedent spouse, the estate of the
7decedent shall have the right to elect no more than 50 percent of the augmented
8deferred marital property estate, as determined under s. 861.02 (2), as though the
9decedent spouse were the survivor and the surviving spouse were the decedent. The
10court shall construe the provisions of ss. 861.03 to 861.11 as necessary to achieve the
11intent of this paragraph.
AB1038, s. 141
12Section
141. 854.14 (5) (a) of the statutes is amended to read:
AB1038,47,1613
854.14
(5) (a) A final judgment establishing criminal accountability for the
14unlawful and intentional killing of the decedent conclusively establishes the
15convicted individual as the decedent's killer for purposes of this section
and s. 861.02
16(8).
AB1038, s. 142
17Section
142. 854.14 (5) (b) of the statutes is amended to read:
AB1038,47,2018
854.14
(5) (b) A final adjudication of delinquency on the basis of an unlawful
19and intentional killing of the decedent conclusively establishes the adjudicated
20individual as the decedent's killer for purposes of this section
and s. 861.02 (8).
AB1038, s. 143
21Section
143. 854.14 (5) (c) of the statutes is amended to read:
AB1038,48,222
854.14
(5) (c) In the absence of a judgment establishing criminal accountability
23under par. (a) or an adjudication of delinquency
under par. (b), the court, upon the
24petition of an interested person, shall determine whether,
under based on the
1preponderance of
the evidence
standard, the killing
of the decedent was unlawful
2and intentional for purposes of this section
and s. 861.02 (8).
AB1038, s. 144
3Section
144. 854.15 (1) (e) of the statutes is renumbered 854.01 (3) and
4amended to read:
AB1038,48,125
854.01
(3) "Revocable
",," with respect to a disposition, provision
, or
6nomination, means one under which the decedent, at the time
of the divorce,
7annulment or similar event referred to, was alone empowered, by law or under the
8governing instrument, to
cancel the designation in favor of the former spouse or
9former spouse's relative, change or revoke, regardless of whether
or not the decedent
10was then empowered to designate himself or herself in place of
the a former
spouse
11or the former spouse's relative designee, and
regardless of whether
or not the
12decedent then had the capacity to exercise the power.
AB1038, s. 145
13Section
145. 854.15 (5) (intro.) of the statutes is renumbered 854.15 (5) (am)
14(intro.).
AB1038, s. 146
15Section
146. 854.15 (5) (a), (b), (c), (d) and (e) of the statutes are renumbered
16854.15 (5) (am) 1., 2., 3., 4. and 5.
AB1038, s. 147
17Section
147. 854.15 (5) (f) of the statutes is renumbered 854.15 (5) (bm) and
18amended to read:
AB1038,48,2319
854.15
(5) (bm)
There is a finding of the decedent's contrary If the transfer is
20made under a governing instrument and the person who executed the governing
21instrument had an intent
contrary to any provision in this section, then that
22provision is inapplicable to the transfer. Extrinsic evidence may be used to construe
23that the intent.
AB1038, s. 148
24Section
148. 854.17 of the statutes is amended to read:
AB1038,49,5
1854.17 Classification; how determined Marital property classification;
2ownership and division of marital property at death.
In chs. 851 to 882,
3classification Classification of the property of a decedent spouse and surviving
4spouse
is, and ownership and division of that property at the death of a spouse, are 5determined under ch. 766
and s. 861.01.
AB1038, s. 149
6Section
149. 854.18 (1) (a) (intro.) of the statutes is amended to read:
AB1038,49,137
854.18
(1) (a) (intro.) Except as provided in sub. (3) or in connection with the
8share of the surviving spouse who elects to take an elective share in deferred marital
9property deferred marital property elective share amount of a surviving spouse who
10elects under s. 861.02,
a the share of a surviving spouse who takes under s.
853.11
11(2) 853.12, or
a the share of a surviving child who takes under s. 853.25, shares of
12distributees abate, without any preference or priority as between real and personal
13property, in the following order:
AB1038, s. 150
14Section
150. 854.18 (3) of the statutes is amended to read:
AB1038,49,1915
854.18
(3) If the governing instrument expresses an order of abatement, or if
16the
decedent's transferor's estate plan or the
express or implied purpose of the
17transfer
, as expressed, implied, or construed through extrinsic evidence, would be
18defeated by the order of abatement under sub. (1), the shares of the distributees
19abate as necessary to give effect to the intention of the transferor.
AB1038, s. 151
20Section
151. 854.20 (1) of the statutes is renumbered 854.20 (1) (a) and
21amended to read:
AB1038,50,222
854.20
(1) (a) Subject to
par. (b) and sub.
(4) (5), a legally adopted person is
23treated as a birth child of the person's adoptive parents
and the adoptive parents are
24treated as the birth parents of the adopted person for purposes of
intestate succession
25by transfers at death to, through
, and from the adopted person and for purposes of
1any statute
or other rule conferring rights upon children, issue
, or relatives in
2connection with the law of intestate succession or governing instruments.
AB1038, s. 152
3Section
152. 854.20 (2) (intro.) of the statutes is renumbered 854.20 (2) (am)
4(intro.) and amended to read:
AB1038,50,85
854.20
(2) (am) (intro.) Subject to sub.
(4) (5), a legally adopted person ceases
6to be treated as a child of the person's birth parents
and the birth parents cease to
7be treated as the parents of the child for the
same purposes
as under specified in sub.
8(1)
(a), except:
AB1038, s. 153
9Section
153. 854.20 (2) (a) of the statutes is renumbered 854.20 (2) (am) 1. and
10amended to read:
AB1038,50,1511
854.20
(2) (am) 1. If
a birth parent marries or remarries and the parent-child
12relationship between the child
is adopted by the stepparent, and one birth parent is
13replaced by adoption, but the relationship to the other birth parent is not replaced,
14then for all purposes the child
is continues to be treated as the child of the birth
15parent whose
spouse adopted the child relationship was not replaced.
AB1038, s. 154
16Section
154. 854.20 (2) (am) 2. b. and c. of the statutes are created to read:
AB1038,50,2017
854.20
(2) (am) 2. b. Subd. 2. a. applies only if the adopted person was a minor
18at the time of adoption or if the adoptive parent raised the adopted person in a
19parent-like relationship beginning on or before the child's 15th birthday and lasting
20for a substantial period or until adulthood.
AB1038,50,2221
c. Subdivision 2. a. does not apply if the parental rights of the deceased birth
22parent had been terminated.
AB1038, s. 155
23Section
155. 854.20 (2) (b) of the statutes is renumbered 854.20 (2) (am) 2. a.
24and amended to read:
AB1038,51,7
1854.20 (2) (am) 2. a.
If Subject to subd. 2. b. and c., if a birth parent of a
marital 2child
born to married parents dies and the other birth parent
subsequently remarries
3and the child is adopted by the stepparent, the child
is continues to be treated as the
4child of the deceased birth parent for purposes of
inheritance transfers at death 5through that parent and for purposes of any statute
or other rule conferring rights
6upon children, issue or relatives of that parent under the law of intestate succession
7or governing instruments.
AB1038, s. 156
8Section
156. 854.20 (3) of the statutes is renumbered 854.20 (2) (bm) and
9amended to read:
AB1038,51,1310
854.20
(2) (bm)
Sequential adoption. Subject to sub.
(4) (5), if an
adoptive
11parent dies or his or her parental rights are terminated in a legal proceeding and the 12adopted child is subsequently adopted by another person, the former adoptive parent
13is considered to be a birth parent for purposes of this
section subsection.
AB1038, s. 157
14Section
157. 854.20 (4) of the statutes is renumbered 854.20 (1) (b), and 854.20
15(1) (b) (intro.) and 3., as renumbered, are amended to read:
AB1038,51,1716
854.20
(1) (b)
Applicability. (intro.)
Subsections (1), (2) and (3) apply Subject
17to sub. (5), par. (a) applies only if at least one of the following applies:
AB1038,51,2118
3. The
adoptive parent raised the adopted person
was raised as a member of
19the household by the adoptive parent from in a parent-like relationship beginning
20on or before the child's 15th birthday
or before
and lasting for a substantial period
21or until adulthood.
AB1038, s. 158
22Section
158. 854.20 (5) of the statutes is amended to read:
AB1038,52,223
854.20
(5) Contrary intent. This section does not apply if If the transfer is
24made under a governing instrument and
there is a finding of contrary intent of the
25person who executed the
governing instrument
had an intent contrary to any
1provision in this section, then that provision is not applicable to the transfer.
2Extrinsic evidence may be used to construe
that the intent.
AB1038, s. 159
3Section
159. 854.21 (1) (a) (intro.) of the statutes is renumbered 854.21 (1) (a)
4and amended to read:
AB1038,52,115
854.21
(1) (a) Except as provided in
par. (b) or sub. (7), a gift of property by a
6governing instrument to a class of persons described as
"
issue,
" "lawful issue,
"
7"children,
'' "grandchildren,
" "descendants,
" "heirs,
" "heirs of the body,
" "next of kin,
"
8"distributees
," or the like includes a person adopted by a person whose birth child
9would be a member of the class, and issue of the adopted person, if the conditions for
10membership in the class are otherwise satisfied and
any of the following applies: at
11least one of the criteria under s. 854.20 (1) (b) 1., 2., and 3. is satisfied.
AB1038, s. 160
12Section
160. 854.21 (1) (a) 1., 2. and 3. of the statutes are repealed.
AB1038, s. 161
13Section
161. 854.21 (1) (b) of the statutes is amended to read:
AB1038,52,1914
854.21
(1) (b) Except as provided in sub. (7), a gift
under par. (a) of property by
15a governing instrument to a class of persons described as "issue," "lawful issue,"
16"children," "grandchildren," "descendants," "heirs," "heirs of the body," "next of kin,"
17"distributees," or the like excludes a birth child and his or her issue otherwise within
18the class if the birth child has been adopted and would cease to be
treated as a child
19of the birth parent under s. 854.20 (2).
AB1038, s. 162
20Section
162. 854.21 (7) of the statutes is amended to read:
AB1038,52,2521
854.21
(7) Contrary intent. This section does not apply if If the transfer is
22made under a governing instrument and
there is a finding of contrary intent of the
23person who executed the governing instrument
had an intent contrary to any
24provision in this section, then that provision is inapplicable to the transfer. Extrinsic
25evidence may be used to construe
that the intent.
AB1038, s. 163
1Section
163. 854.22 (4) of the statutes is amended to read:
AB1038,53,62
854.22
(4) Contrary intent. This section does not apply if If the transfer is
3made under a governing instrument and
there is a finding of contrary intent of the
4person who executed the governing instrument
had an intent contrary to any
5provision in this section, then that provision is inapplicable to the transfer. Extrinsic
6evidence may be used to construe
that the intent.
AB1038, s. 164
7Section
164. 854.23 (1) of the statutes is amended to read:
AB1038,53,118
854.23
(1) Definition. In this section, "governing instrument" includes
an
9instrument described in s. 854.01, a filed verified statement under s. 865.201, a
10certificate under s. 867.046 (1m)
, a confirmation under s. 867.046 (2), or a recorded
11application under s. 867.046 (5).
AB1038, s. 165
12Section
165. 856.05 (5) of the statutes is amended to read:
AB1038,53,1513
856.05
(5) Applicability of section. This section applies to wills
, codicils,
14documents incorporated by reference under s. 853.32 (1) or (2) and information
15needed for proof of a
lost missing will under s. 856.17.
AB1038, s. 166
16Section
166. 856.15 (1) of the statutes is amended to read: