SB759: Bill Text

SB759,89,2 711.04 (1) (b) A power of attorney.

SB759,122 Section 122. 711.04 (1) (c) of the statutes is created to read:

SB759,89,4 711.04 (1) (c) A consent instrument.

SB759,123 Section 123 . 711.04 (1) (d) of the statutes is created to read:

SB759,89,6 711.04 (1) (d) Any other record.

SB759,124 Section 124 . 711.04 (2) of the statutes is amended to read:

SB759,89,13 711.04 (2) If a user has not used an online tool to give direction under sub. (1), or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user's digital property, including the content of electronic communications sent or received by the user, in a will, trust, any other governing instrument, power of attorney, or any other governing consent instrument.

SB759,125 Section 125. 711.05 (2) (b) of the statutes is amended to read:

SB759,89,18 711.05 (2) (b) Unless the user provided direction using an online tool, a copy of the user's will, certification of trust under s. 701.1013, or other governing instrument, or consent instrument evidencing the deceased user's consent to disclosure of the content of electronic communications.

SB759,126 Section 126. 711.06 (2) (intro.) of the statutes is amended to read:

SB759,90,3 711.06 (2) Disclosure of content of electronic communications; principal. (intro.) To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal, or to the extent a consent instrument expressly consents to the disclosure to the agent the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or the court, a custodian shall grant an agent authority over the content of electronic communications or disclose to the agent the content of electronic communications if the agent gives the custodian all of the following:

SB759,127 Section 127. 711.06 (2) (b) of the statutes is amended to read:

SB759,90,8 711.06 (2) (b) An original or a copy of the power of attorney that expressly grants the agent authority over the content of electronic communications of the principal or the consent instrument that expressly grants consent to disclosure to the agent of the content of electronic communications of the principal.

SB759,128 Section 128. 711.07 (3) (b) of the statutes is amended to read:

SB759,90,12 711.07 (3) (b) A consent instrument or certification of the trust under s. 701.1013 that includes an original or successor user's consent to disclosure of the content of electronic communications to the trustee.

SB759,129 Section 129 . 711.13 of the statutes is amended to read:

SB759,90,16 711.13 Marital property classification of digital property. Chapter 766 Section 766.625 governs the classification of digital property of a user who is married person.

SB759,130 Section 130 . 766.01 (9) (a) of the statutes is amended to read:

SB759,90,22 766.01 (9) (a) Except as provided in pars. (b) to (d) (f), property is “held" by a person only if a document of title to the property is registered, recorded, or filed in a public office in the name of the person or a writing that customarily operates as a document of title to the type of property is issued for the property in the person's name.

SB759,131 Section 131 . 766.01 (9) (e) of the statutes is created to read:

SB759,91,3 766.01 (9) (e) 1. An account, as defined in s. 711.03 (1), and the digital property in the account, including the content of an electronic communication, as defined in s. 711.03 (6), are “held” by a person who is the user, as defined in s. 711.03 (28).

SB759,91,7 2. The catalogue of electronic communications, as defined in s. 711.03 (4), or similar identifying information for digital property in an account, is “held” by a person who holds such digital property, including the content of such electronic communications, under subd. 1.

SB759,91,9 3. For purposes of subds. 1. and 2., “person” has the meaning given under s. 711.03 (19).

SB759,132 Section 132 . 766.01 (9) (f) of the statutes is created to read:

SB759,91,13 766.01 (9) (f) A right or interest in digital property, not titled in the name of either spouse, that has been identified as having been originally created, purchased, or otherwise acquired by a spouse is “held” by that spouse.

SB759,133 Section 133 . 766.31 (7) (b) of the statutes is amended to read:

SB759,91,16 766.31 (7) (b) In Except as provided in s. 766.625 (2) (b) 1., in exchange for or with the proceeds of other individual property of the spouse.

SB759,134 Section 134 . 766.31 (7) (g) of the statutes is created to read:

SB759,91,21 766.31 (7) (g) By classification under s. 766.625 (2), designating an account and the digital property in an account, including the content of electronic communications, as defined in s. 711.03 (6), as the individual property of the holding spouse.

SB759,135 Section 135 . 766.58 (7) (c) of the statutes is created to read:

SB759,91,25 766.58 (7) (c) Unless the marital property agreement expressly provides otherwise, a marital property agreement that classifies digital property as marital property does not affect the operation of s. 766.625 (2).

SB759,136 Section 136. 766.58 (13) (b) of the statutes is renumbered 766.58 (13) (b) 1. and amended to read:

SB759,92,8 766.58 (13) (b) 1. After the death of a spouse, if an estate administration proceeding is filed, no action concerning a marital property agreement may be brought later than 6 months after the inventory is filed under s. 858.01. If an amended inventory is filed, the action may be brought within 6 months after the filing of the amended inventory if the action relates to information contained in the amended inventory that was not contained in a previous inventory.

SB759,137 Section 137 . 766.58 (13) (b) 2. and 3. of the statutes are created to read:

SB759,92,12 766.58 (13) (b) 2. After the death of a spouse, if no estate administration proceeding is filed, no action concerning a marital property agreement may be brought later than 8 months after the death of the spouse.

SB759,92,16 3. If an action concerning a marital property agreement is barred under subd. 2. and an estate administration proceeding is thereafter commenced, any judgment in an action concerning a marital property agreement not barred under subd. 1. may be recovered only from the estate of the deceased spouse.

SB759,138 Section 138 . 766.58 (13) (c) of the statutes is amended to read:

SB759,92,19 766.58 (13) (c) The court may extend the 6-month period under par. (b) 1. for cause if a motion for extension is made within the applicable 6-month period.

SB759,139 Section 139 . 766.59 (1) of the statutes is amended to read:

SB759,92,24 766.59 (1) A Except as provided in s. 766.625 (2) (b) 2., a spouse may unilaterally execute a written statement which classifies the income attributable to all or certain of that spouse's property other than marital property as individual property.

SB759,140 Section 140 . 766.625 of the statutes is created to read:

SB759,93,4 766.625 Classification of digital property, including the content of electronic communications. (1) General. Except as otherwise determined under sub. (2), classification of digital property, including the content of electronic communications, is determined under s. 766.31.

SB759,93,11 (2) Exceptions. (a) Digital property in an account. An account and the digital property held in an account, as defined in s. 766.01 (9) (e), including the content of electronic communications, as defined in s. 711.03 (6), not otherwise classified as individual property under s. 766.31 (6) and (7) (a) to (d), is classified as the individual property of the holding spouse, regardless of the classification of property used to create, purchase, or otherwise acquire the account and digital property held in the account, unless the nonholding spouse can prove that any of the following apply:

SB759,93,14 1. `Creation.' The account or the digital property in the account was not originally created, purchased, or otherwise acquired exclusively for the personal, noneconomic purposes of the holding spouse.

SB759,93,17 2. `Use.' The account or the digital property in the account has at any time been used for purposes other than the personal, noneconomic purposes of the holding spouse.

SB759,93,21 (b) Exchanges; income. Notwithstanding par. (a), with respect to an account and the digital property held in the account, as defined in s. 766.01 (9) (e), including the content of electronic communications, as defined in s. 711.03 (6), classified as individual property solely by reason of par. (a), all of the following apply:

SB759,93,24 1. `Exchanges; Proceeds.' Section 766.31 (7) (b) does not apply, and in the event of a sale, exchange, or other disposition, property received in exchange for such account, or the digital property in the account, is classified as marital property.

SB759,94,3 2. `Income.' Section 766.59 does not apply, and income during marriage and after the determination date attributable to the account, or the digital property in the account, is classified as marital property.

SB759,141 Section 141 . 766.63 (1) of the statutes is amended to read:

SB759,94,8 766.63 (1) Except as provided otherwise in ss. 766.61 and, 766.62, and 766.625 (2), mixing marital property with property other than marital property reclassifies the other property to marital property unless the component of the mixed property which is not marital property can be traced.

SB759,142 Section 142 . 766.70 (3) (dm) of the statutes is created to read:

SB759,94,11 766.70 (3) (dm) An interest in a digital property account, as defined in s. 711.03 (1).

SB759,143 Section 143 . 814.66 (1) (o) of the statutes is created to read:

SB759,94,14 814.66 (1) (o) For filing a petition to commence a judicial proceeding under ch. 701, $250.

SB759,144 Section 144 . 851.21 (2) (e) of the statutes is amended to read:

SB759,94,18 851.21 (2) (e) A beneficiary of a trust created under documents offered for probate as the will of the decedent upon the admission of the decedent's will to probate and the issuance of letters of trust to court's appointment of the trustee.

SB759,145 Section 145 . 854.13 (1) (c) of the statutes is amended to read:

SB759,94,21 854.13 (1) (c) “Power of appointment" has the meaning given in s. 702.02 (6) 702.102 (14).

SB759,146 Section 146 . 856.29 of the statutes is amended to read:

SB759,95,8 856.29 Letters issued to trustee Appointment of testamentary trust trustee. If the will of the decedent provides for a testamentary trust, letters of trust shall be issued to the court shall appoint the trustee upon admission of the will to probate at the same time that letters are granted to the personal representative, unless the court otherwise directs. Upon issuance of letters of trust, the The trustee so appointed shall continue to be interested in the estate, and beneficiaries in the testamentary trust shall cease to be interested in the estate except under s. 851.21 (3). Letters of trust shall not be required to evidence the authority of a testamentary trustee and a certification of trust under s. 701.1013 shall be sufficient evidence of such authority. This section shall apply to wills admitted to informal probate and letters issued in informal administrations.

SB759,147 Section 147 . 859.02 (3) of the statutes is amended to read:

SB759,95,12 859.02 (3) Failure of a claimant timely to file a claim against a decedent's estate does not bar the claimant from satisfying the claim not otherwise barred from property other than the decedent's estate.

SB759,148 Section 148 . 865.08 (6) of the statutes is amended to read:

SB759,95,25 865.08 (6) If the will of the decedent provides for a testamentary trust, letters of trust shall be issued by the probate registrar to shall appoint the trustee upon admission of the will to informal probate at the same time that letters are granted to the personal representative. Letters of trust shall not be required to evidence the authority of the appointed trustee and a certification of trust under s. 701.1013 shall be sufficient evidence of such authority. The probate registrar shall determine if bond shall be required and, if so, the amount thereof, and for such purpose the probate registrar shall have the authority granted to the court by, and shall proceed pursuant to s. 701.0702. Thereafter, the trustee shall continue to be interested in the estate, and beneficiaries of the testamentary trust shall cease to be interested in the estate except under s. 851.21 (3). The administration of the trust shall be administered under supervision of the court under governed by ch. 701.

SB759,149 Section 149. 905.03 (2m) of the statutes is created to read:

SB759,96,10 905.03 (2m) Privilege when client is a fiduciary. When a lawyer represents a client who is serving as a personal representative, trustee, trust protector, directing party, guardian, conservator, guardian ad litem, attorney in fact for financial matters, health care agent, or other fiduciary, the lawyer's client is the person who is acting as a fiduciary, and not anyone to whom the client owes fiduciary or other duties, and communication between the lawyer and such a client is protected from disclosure to the same extent as if the client was not acting as a fiduciary. The privilege may be claimed by the client, or otherwise as provided in sub. (3), even against anyone to whom the client owes fiduciary or other duties.

SB759,96,11 (End)