AB1038, s. 190
24Section
190. 861.06 (title) of the statutes is amended to read:
AB1038,59,2
1861.06 (title)
Satisfaction of deferred marital property elective share
2amount.
AB1038, s. 191
3Section
191. 861.06 (2) (title) of the statutes is amended to read:
AB1038,59,54
861.06
(2) (title)
Initial satisfaction of deferred marital property elective
5share amount.
AB1038, s. 192
6Section
192. 861.06 (2) (b) (intro.) of the statutes is amended to read:
AB1038,59,97
861.06
(2) (b) (intro.) All marital, individual, deferred marital
, or deferred
8individual property, transferred to the surviving spouse
, including any beneficial
9interest in property transferred in trust:
AB1038, s. 193
10Section
193. 861.06 (2) (b) 4. a. of the statutes is amended to read:
AB1038,59,1211
861.06
(2) (b) 4. a. The first $5,000 of the value of
the gifts from the decedent
12to the surviving spouse each year.
Each gift shall be valued as of the date of the gift.
AB1038, s. 194
13Section
194. 861.06 (6) of the statutes is created to read:
AB1038,59,2014
861.06
(6) Valuation. The value of property used to satisfy the deferred marital
15property elective share includes the value of any property transferred outright to the
16surviving spouse, the commuted value of any present or future interest in property
17transferred to the surviving spouse, and the commuted value of property payable to
18the surviving spouse under any trust, life insurance settlement option, annuity
19contract, public or private pension, disability compensation, death benefit or
20retirement plan, or any similar arrangement.
AB1038, s. 195
21Section
195. 861.07 (2) (intro.) of the statutes is amended to read:
AB1038,59,2422
861.07
(2) Persons liable. (intro.) The following persons are liable to make
23a prorated contribution toward satisfaction of the surviving spouse's deferred
24marital property elective share
amount:
AB1038, s. 196
25Section
196. 861.10 (1) of the statutes is amended to read:
AB1038,60,6
1861.10
(1) Right to elect may be waived. The right to elect a deferred marital
2property elective share
amount may be waived by the surviving spouse in whole or
3in part. The waiver may take place before or after marriage. The waiver
shall must 4be contained in a marital property agreement that is enforceable under s. 766.58 or
5in a signed document filed with a court described in s. 861.08 (1) (a) after the
6decedent's death.
AB1038, s. 197
7Section
197. 861.10 (2) of the statutes is amended to read:
AB1038,60,128
861.10
(2) Waiver of "all rights
".." Unless the waiver provides otherwise, a
9waiver of "all rights
",," or equivalent language, in the property or estate of a present
10or prospective spouse, or in a complete property settlement entered into because of
11separation or divorce, is a waiver of all rights in the deferred marital property
12elective share
amount.
AB1038, s. 198
13Section
198. 861.11 (2) (a) (intro.) of the statutes is amended to read:
AB1038,60,1814
861.11
(2) (a) (intro.) Upon a beneficiary's request for payment, a payer or other
153rd party who has received satisfactory proof of the decedent's death and who has not
16received written notice that the surviving spouse or his or her representative intends
17to file a petition for the deferred marital property elective share
amount or that a
18petition for the election has been filed is not liable for any of the following:
AB1038, s. 199
19Section
199. 861.11 (2) (b) of the statutes is amended to read:
AB1038,60,2320
861.11
(2) (b) A payer or other 3rd party is liable for payments made or other
21actions taken after receipt of written notice of the intent to file a petition for the
22elective share
amount or written notice that a petition for the elective share
amount 23has been filed.
AB1038, s. 200
24Section
200. 861.11 (5) (b) of the statutes is amended to read:
AB1038,61,9
1861.11
(5) (b) Notwithstanding sub. (2), in addition to the protections afforded
2a financial institution under ss. 701.19 (11) and 710.05 and chs. 112 and 705 a
3financial institution is not liable for having transferred an account included in the
4augmented deferred marital property estate under s. 861.03 to a beneficiary
5designated in a governing instrument, or for having taken any other action in
6reliance on the beneficiary's apparent entitlement under the terms of a governing
7instrument, regardless of whether the financial institution received written notice
8of an intent to file, or the filing of, a petition for the deferred marital property elective
9share
amount.
AB1038, s. 201
10Section
201. 861.17 (3) of the statutes is amended to read:
AB1038,61,1611
861.17
(3) If the spouse is successful in an action to reach fraudulent property
12arrangements, recovery is limited to the
share amount the spouse would receive
13under ch. 852 and this chapter. Other rules of this chapter apply so far as possible.
14Recovery A spouse who recovers under this subsection forfeits any power of
15appointment
which that the surviving spouse possesses over the remaining portion
16of the fraudulently arranged property, except a special power.
AB1038, s. 202
17Section
202. 861.20 (2) of the statutes is amended to read:
AB1038,61,2218
861.20
(2) If a married person who does not have a domicile in this state dies
19and has an interest in real property in this state that is
subject to administration but 20not disposed of by will, the surviving spouse has the same right to the property under
21intestate succession as if the property were located in the decedent's domicile at
22decedent's death.
AB1038, s. 203
23Section
203. 861.21 (1) (a) of the statutes is amended to read:
AB1038,61,2424
861.21
(1) (a) "Governing instrument" has the meaning given in s. 854.01
(2).
AB1038, s. 204
25Section
204. 861.21 (2) of the statutes is amended to read:
AB1038,62,8
1861.21
(2) If marital Decedent's property interest in home. Subject to subs.
2(4) and (5), if a married decedent has a
marital property interest in a home, the
3decedent's entire interest in the home shall be assigned to the surviving spouse if the
4surviving spouse petitions the court requesting such a distribution and if a governing
5instrument does not provide a specific transfer of the decedent's interest in the home
6to someone other than the surviving spouse. The surviving spouse shall file the
7petition within 6 months after the decedent's death, unless the court extends the
8time for filing.
AB1038, s. 206
10Section
206. 861.21 (4) of the statutes is amended to read:
AB1038,62,1811
861.21
(4) Payment by surviving spouse. The court shall assign the interest in
12the home
under sub. (2) to the surviving spouse upon payment of the value of the
13decedent's interest
in the home that does not pass to the surviving spouse under
14intestacy or under
the a governing instrument. Payment shall be made to the
15fiduciary holding title to the interest. The surviving spouse may use assets due him
16or her from the fiduciary to satisfy all or part of the payment in kind. Unless the court
17extends the time, the surviving spouse shall have one year from the decedent's death
18to pay the value of the assigned interest.
AB1038, s. 207
19Section
207. 861.21 (5) of the statutes is amended to read:
AB1038,63,220
861.21
(5) Severance of home from surrounding land. On petition of the
21surviving spouse or of any interested person that part of the land is not necessary for
22dwelling purposes and that it would be inappropriate to assign all of the surrounding
23land as the home
under sub. (2), the court may set off for the home as much of the
24land as is necessary for a dwelling. In determining how much land should be set off,
1the court shall take into account the use and marketability of the parcels set off as
2the home and the remaining land.
AB1038, s. 209
4Section
209. 861.31 (1m) of the statutes is amended to read:
AB1038,63,115
861.31
(1m) The court may, without notice or on such notice as the court
6directs, order payment by the personal representative or special administrator of an
7allowance as
it the court determines necessary or appropriate for the support of the
8surviving spouse and any
dependent minor children
of the decedent during the
9administration of the estate.
In making or denying the order the The court shall
10consider the size of the probate estate, other resources available for support,
the 11existing standard of living, and any other factors it considers relevant.
AB1038, s. 210
12Section
210. 861.31 (2) of the statutes is amended to read:
AB1038,63,1813
861.31
(2) The
court may order that an allowance
may be made to the spouse
14for support of the spouse and any
dependent minor children
of the decedent, or
that 15separate allowances
may be made to the spouse and to the
dependent minor children
16of the decedent or their guardian, if any, if the court finds separate allowances
17advisable. If there is no surviving spouse
, the
court may order that an allowance
may 18be made to the
dependent minor children
of the decedent or to their guardian, if any.
AB1038, s. 211
19Section
211. 861.31 (4) (intro.) of the statutes is amended to read:
AB1038,64,220
861.31
(4) (intro.) The court may
direct order that the allowance be charged
21against income or principal, either as an advance or otherwise, but
in no event may 22the court may not order that an allowance for support of
dependent minor children
23of the decedent be charged against the income or principal interest of the surviving
24spouse. The court may
direct order that the allowance for support of the surviving
1spouse, not including any allowance for support of
dependent minor children
of the
2decedent, be applied in satisfaction of any of the following:
AB1038, s. 212
3Section
212. 861.31 (4) (a) of the statutes is amended to read:
AB1038,64,54
861.31
(4) (a) Any entitlement of the surviving spouse under s.
853.11 (2) 5853.12.
AB1038, s. 213
6Section
213. 861.33 (title) of the statutes is amended to read:
AB1038,64,7
7861.33 (title)
Selection of personalty by surviving spouse or children.
AB1038, s. 214
8Section
214. 861.33 (1) (a) (intro.) of the statutes is amended to read:
AB1038,64,139
861.33
(1) (a) (intro.) Subject to this section, in addition to all allowances and
10distributions, the surviving spouse
, or if there is no surviving spouse the decedent's
11children, may file with the court a written selection of the following personal
12property, which shall
thereupon then be transferred to the spouse
or children by the
13personal representative:
AB1038, s. 215
14Section
215. 861.33 (1) (b) of the statutes is amended to read:
AB1038,64,2015
861.33
(1) (b) The selection in par. (a) may not include items specifically
16bequeathed except that the surviving spouse
or children may in every case select the
17normal household furniture, furnishings
, and appliances necessary to maintain the
18home. For this purpose antiques, family heirlooms
, and collections
which that are
19specifically bequeathed are not classifiable as normal household furniture or
20furnishings.
AB1038, s. 216
21Section
216. 861.33 (1) (c) of the statutes is repealed.
AB1038, s. 217
22Section
217. 861.33 (2) of the statutes is amended to read:
AB1038,65,323
861.33
(2) If it appears that claims may not be paid in full, the court may
, upon
24petition of any creditor
, limit the transfer of personalty to the spouse
or children 25under this section to items not exceeding $5,000 in aggregate inventory value until
1such time as the claims are paid in full or the court otherwise orders
;, or the court
2may require the spouse
or children to retransfer property in excess of $5,000 or, at
3the option of the spouse
or children, pay the excess in value over this amount.
AB1038, s. 218
4Section
218. 861.33 (3) of the statutes is amended to read:
AB1038,65,95
861.33
(3) The surviving spouse
or children may select items not specifically
6bequeathed of the type specified under sub. (1) (a) 4. exceeding in value the $3,000
7limit or obtain the transfer of items exceeding the limit set by the court under sub.
8(2), by paying to the personal representative the excess of inventory value over the
9respective limit.
AB1038, s. 219
10Section
219. 861.33 (4) of the statutes is amended to read:
AB1038,65,1611
861.33
(4) Subject to sub. (1) (c), the The personal representative has power,
12without court order, to execute appropriate documents to effect transfer of title to any
13personal property
selected by the spouse
or children selects under this section. A
14person may not question the validity of the documents of transfer or refuse to
15accomplish the transfer on the grounds that the personal representative is also the
16surviving spouse
or the only child of the decedent.
AB1038, s. 220
17Section
220. 861.35 (title) of the statutes is amended to read:
AB1038,65,19
18861.35 (title)
Special allowance for support of spouse and support and
19education of dependent minor children.
AB1038, s. 221
20Section
221. 861.35 (1c) of the statutes is repealed.
AB1038, s. 222
21Section
222. 861.35 (1m) (intro.) of the statutes is amended to read:
AB1038,66,422
861.35
(1m) (intro.) If the decedent is survived by a spouse or by
minor 23children, the court may order an allowance for the support and education of each
24dependent minor child
until he or she reaches a specified age, not to exceed 18, and
25for the support of the spouse. This allowance may be made whether the estate is
1testate or intestate. If the decedent is not survived by a spouse, the court also may
2allot directly to
any of the dependent the minor children household furniture,
3furnishings
, and appliances.
No
The court may not order an allowance
may be made 4under this section if any of the following
apply
applies:
AB1038, s. 223
5Section
223. 861.35 (1m) (a) of the statutes is amended to read:
AB1038,66,96
861.35
(1m) (a) The decedent has amply provided for each
minor child and for
7the spouse by the
terms of his or her will and the estate is sufficient to carry out the
8terms after payment of all debts and expenses transfer of probate or nonprobate
9assets, or support and education have been provided for by any other means.
AB1038, s. 224
10Section
224. 861.35 (1m) (b) of the statutes is amended to read:
AB1038,66,1311
861.35
(1m) (b) In the case of
dependent minor children,
if the surviving spouse
12is legally responsible for support and education and has ample means to provide
13them in addition to his or her own support.
AB1038, s. 225
14Section
225. 861.35 (1m) (c) of the statutes is amended to read:
AB1038,66,1615
861.35
(1m) (c) In the case of the surviving spouse,
if he or she has ample means
16to provide for his or her support.
AB1038, s. 226
17Section
226. 861.35 (2) of the statutes is amended to read:
AB1038,66,2518
861.35
(2) The court may set aside property to provide an allowance and may
19appoint a trustee to administer the property, subject to the continuing jurisdiction
20of the court. If
a child dies or reaches the age of 18, or if at any time the property held
21by the trustee is no longer required for the support of the spouse or the support and
22education of
any dependent the minor child, any remaining property is to be
23distributed by the trustee as
directed by the court
orders in accordance with the
24terms of the decedent's will or to the heirs of the decedent in intestacy or to satisfy
25unpaid claims of the decedent's estate.
AB1038, s. 227
1Section
227. 861.35 (3) (a) of the statutes is amended to read:
AB1038,67,42
861.35
(3) (a) The effect on claims under s. 859.25. The court shall balance the
3needs of the spouse or
dependent minor children against the nature of the creditors'
4claims in setting the amount allowed under this section.
AB1038, s. 228
5Section
228. 861.35 (4) (intro.) of the statutes is amended to read:
AB1038,67,86
861.35
(4) (intro.) The court may
direct order that the allowance to the
7surviving spouse, not including any allowance for the support and education of
8dependent minor children, be applied in satisfaction of any of the following:
AB1038, s. 229
9Section
229. 861.35 (4) (a) of the statutes is amended to read:
AB1038,67,1110
861.35
(4) (a) Any entitlement of the surviving spouse under s.
853.11 (2) 11853.12.
AB1038, s. 230
12Section
230. 863.08 of the statutes is amended to read:
AB1038,67,16
13863.08 Exchange by distributee and surviving spouse. In its final
14judgment or other order, the court shall assign items to the surviving spouse and
15distributee to conform with the exchange under s.
857.03 (2) 766.31 (3) (b) to the
16extent that the court approved the exchange.
AB1038, s. 231
17Section
231. 863.15 of the statutes is amended to read:
AB1038,67,24
18863.15 Right of retention
Debts to estate. When If a distributee of an estate
19is indebted to the estate, the
amount of the indebtedness if due, or the present worth
20of the indebtedness, if not due, shall be treated as an offset by the personal
21representative against property of the estate to which the distributee is entitled. In
22contesting the offset the distributee shall have the benefit of any defense which
23would be available to the distributee in a direct proceeding by the personal
24representative for the recovery treatment of the debt
is governed by s. 854.12.
AB1038, s. 232
25Section
232. 865.07 (1) (d) of the statutes is amended to read:
AB1038,68,5
1865.07
(1) (d) The decedent died intestate or testate
, and
, if testate, whether
2the original will is in the possession of the court or accompanies the application
and, 3contains an attestation clause showing compliance with the requirements of
4execution under s. 853.03 or 853.05
or includes an affidavit in substantially the form
5under s. 853.04 (1) or (2), and does not expressly prohibit informal administration;
AB1038, s. 233
6Section
233. 867.01 (3) (am) 2. of the statutes is amended to read:
AB1038,68,137
867.01
(3) (am) 2. A detailed statement of
all property
in which the decedent
8had an interest, property over which the decedent had a power of appointment,
9benefits payable on the decedent's death under annuities or under a retirement plan,
10life insurance, joint and life tenancies, gifts made in contemplation of death or taking
11effect upon death or made within 2 years prior to death and any other property that
12may be subject to death taxes as a result of the decedent's death
subject to
13administration, including any encumbrance, lien, or other charge upon each item.
AB1038, s. 234
14Section
234. 867.02 (2) (am) 3. of the statutes is amended to read:
AB1038,68,2115
867.02
(2) (am) 3. A detailed statement of
all property
in which the decedent
16had an interest, property over which the decedent had a power of appointment,
17benefits payable on decedent's death under annuities or under a retirement plan, life
18insurance, joint and life tenancies, gifts made in contemplation of death or taking
19effect upon death or made within 2 years prior to death and any other property which
20may be subject to death tax as a result of decedent's death subject to administration,
21including any encumbrance, lien, or other charge upon each item.
AB1038, s. 235
22Section
235. 867.03 (1g) (intro.) of the statutes is amended to read:
AB1038,69,923
867.03
(1g) Generally. (intro.) When a decedent leaves
solely owned property
24subject to administration in this state which does not exceed
$20,000 $50,000 in
25value, any heir of the decedent
, trustee of a revocable trust created by the decedent,
1or person who was guardian of the decedent at the time of the decedent's death may
2collect any money due the decedent, receive the property of the decedent
, and have
3any evidence of interest, obligation to
, or right of the decedent transferred to the
4affiant if the heir
, trustee, or guardian provides to the person owing the money,
5having custody of the property
, or acting as registrar or transfer agent of the
6evidences of interest, obligation to
, or right, or, if the property is an interest in or lien
7on real property, provides to the register of deeds preliminary to the recording
8required under sub. (2m), proof of prior mailed notice under sub. (1m) if applicable
9and an affidavit in duplicate showing all of the following:
AB1038, s. 236
10Section
236. 867.03 (1g) (b) of the statutes is amended to read: