SB759,89,22 711.04 (1) (b) A power of attorney.
SB759,122 3Section 122. 711.04 (1) (c) of the statutes is created to read:
SB759,89,44 711.04 (1) (c) A consent instrument.
SB759,123 5Section 123 . 711.04 (1) (d) of the statutes is created to read:
SB759,89,66 711.04 (1) (d) Any other record.
SB759,124 7Section 124 . 711.04 (2) of the statutes is amended to read:
SB759,89,138 711.04 (2) If a user has not used an online tool to give direction under sub. (1),
9or if the custodian has not provided an online tool, the user may allow or prohibit
10disclosure to a fiduciary of some or all of the user's digital property, including the
11content of electronic communications sent or received by the user, in a will, trust, any
12other governing instrument,
power of attorney, or any other governing consent
13instrument.
SB759,125 14Section 125. 711.05 (2) (b) of the statutes is amended to read:
SB759,89,1815 711.05 (2) (b) Unless the user provided direction using an online tool, a copy
16of the user's will, certification of trust under s. 701.1013, or other governing
17instrument, or consent instrument evidencing the deceased user's consent to
18disclosure of the content of electronic communications.
SB759,126 19Section 126. 711.06 (2) (intro.) of the statutes is amended to read:
SB759,90,320 711.06 (2) Disclosure of content of electronic communications; principal.
21(intro.) To the extent a power of attorney expressly grants an agent authority over
22the content of electronic communications sent or received by the principal, or to the
23extent a consent instrument expressly consents to the disclosure to the agent the
24content of electronic communications sent or received by the principal,
and unless
25directed otherwise by the principal or the court, a custodian shall grant an agent

1authority over the content of electronic communications or
disclose to the agent the
2content of electronic communications if the agent gives the custodian all of the
3following:
SB759,127 4Section 127. 711.06 (2) (b) of the statutes is amended to read:
SB759,90,85 711.06 (2) (b) An original or a copy of the power of attorney that expressly
6grants the agent authority over the content of electronic communications of the
7principal or the consent instrument that expressly grants consent to disclosure to the
8agent of the content of electronic communications of the principal
.
SB759,128 9Section 128. 711.07 (3) (b) of the statutes is amended to read:
SB759,90,1210 711.07 (3) (b) A consent instrument or certification of the trust under s.
11701.1013 that includes an original or successor user's consent to disclosure of the
12content of electronic communications to the trustee.
SB759,129 13Section 129 . 711.13 of the statutes is amended to read:
SB759,90,16 14711.13 Marital property classification of digital property. Chapter 766
15Section 766.625 governs the classification of digital property of a user who is married
16person.
SB759,130 17Section 130 . 766.01 (9) (a) of the statutes is amended to read:
SB759,90,2218 766.01 (9) (a) Except as provided in pars. (b) to (d) (f), property is “held" by a
19person only if a document of title to the property is registered, recorded, or filed in
20a public office in the name of the person or a writing that customarily operates as a
21document of title to the type of property is issued for the property in the person's
22name.
SB759,131 23Section 131 . 766.01 (9) (e) of the statutes is created to read:
SB759,91,3
1766.01 (9) (e) 1. An account, as defined in s. 711.03 (1), and the digital property
2in the account, including the content of an electronic communication, as defined in
3s. 711.03 (6), are “held” by a person who is the user, as defined in s. 711.03 (28).
SB759,91,74 2. The catalogue of electronic communications, as defined in s. 711.03 (4), or
5similar identifying information for digital property in an account, is “held” by a
6person who holds such digital property, including the content of such electronic
7communications, under subd. 1.
SB759,91,98 3. For purposes of subds. 1. and 2., “person” has the meaning given under s.
9711.03 (19).
SB759,132 10Section 132 . 766.01 (9) (f) of the statutes is created to read:
SB759,91,1311 766.01 (9) (f) A right or interest in digital property, not titled in the name of
12either spouse, that has been identified as having been originally created, purchased,
13or otherwise acquired by a spouse is “held” by that spouse.
SB759,133 14Section 133 . 766.31 (7) (b) of the statutes is amended to read:
SB759,91,1615 766.31 (7) (b) In Except as provided in s. 766.625 (2) (b) 1., in exchange for or
16with the proceeds of other individual property of the spouse.
SB759,134 17Section 134 . 766.31 (7) (g) of the statutes is created to read:
SB759,91,2118 766.31 (7) (g) By classification under s. 766.625 (2), designating an account and
19the digital property in an account, including the content of electronic
20communications, as defined in s. 711.03 (6), as the individual property of the holding
21spouse.
SB759,135 22Section 135 . 766.58 (7) (c) of the statutes is created to read:
SB759,91,2523 766.58 (7) (c) Unless the marital property agreement expressly provides
24otherwise, a marital property agreement that classifies digital property as marital
25property does not affect the operation of s. 766.625 (2).
SB759,136
1Section 136. 766.58 (13) (b) of the statutes is renumbered 766.58 (13) (b) 1. and
2amended to read:
SB759,92,83 766.58 (13) (b) 1. After the death of a spouse, if an estate administration
4proceeding is filed,
no action concerning a marital property agreement may be
5brought later than 6 months after the inventory is filed under s. 858.01. If an
6amended inventory is filed, the action may be brought within 6 months after the
7filing of the amended inventory if the action relates to information contained in the
8amended inventory that was not contained in a previous inventory.
SB759,137 9Section 137 . 766.58 (13) (b) 2. and 3. of the statutes are created to read:
SB759,92,1210 766.58 (13) (b) 2. After the death of a spouse, if no estate administration
11proceeding is filed, no action concerning a marital property agreement may be
12brought later than 8 months after the death of the spouse.
SB759,92,1613 3. If an action concerning a marital property agreement is barred under subd.
142. and an estate administration proceeding is thereafter commenced, any judgment
15in an action concerning a marital property agreement not barred under subd. 1. may
16be recovered only from the estate of the deceased spouse.
SB759,138 17Section 138 . 766.58 (13) (c) of the statutes is amended to read:
SB759,92,1918 766.58 (13) (c) The court may extend the 6-month period under par. (b) 1. for
19cause if a motion for extension is made within the applicable 6-month period.
SB759,139 20Section 139 . 766.59 (1) of the statutes is amended to read:
SB759,92,2421 766.59 (1) A Except as provided in s. 766.625 (2) (b) 2., a spouse may
22unilaterally execute a written statement which classifies the income attributable to
23all or certain of that spouse's property other than marital property as individual
24property.
SB759,140 25Section 140 . 766.625 of the statutes is created to read:
SB759,93,4
1766.625 Classification of digital property, including the content of
2electronic communications.
(1) General. Except as otherwise determined
3under sub. (2), classification of digital property, including the content of electronic
4communications, is determined under s. 766.31.
SB759,93,11 5(2) Exceptions. (a) Digital property in an account. An account and the digital
6property held in an account, as defined in s. 766.01 (9) (e), including the content of
7electronic communications, as defined in s. 711.03 (6), not otherwise classified as
8individual property under s. 766.31 (6) and (7) (a) to (d), is classified as the individual
9property of the holding spouse, regardless of the classification of property used to
10create, purchase, or otherwise acquire the account and digital property held in the
11account, unless the nonholding spouse can prove that any of the following apply:
SB759,93,1412 1. `Creation.' The account or the digital property in the account was not
13originally created, purchased, or otherwise acquired exclusively for the personal,
14noneconomic purposes of the holding spouse.
SB759,93,1715 2. `Use.' The account or the digital property in the account has at any time been
16used for purposes other than the personal, noneconomic purposes of the holding
17spouse.
SB759,93,2118 (b) Exchanges; income. Notwithstanding par. (a), with respect to an account
19and the digital property held in the account, as defined in s. 766.01 (9) (e), including
20the content of electronic communications, as defined in s. 711.03 (6), classified as
21individual property solely by reason of par. (a), all of the following apply:
SB759,93,2422 1. `Exchanges; Proceeds.' Section 766.31 (7) (b) does not apply, and in the event
23of a sale, exchange, or other disposition, property received in exchange for such
24account, or the digital property in the account, is classified as marital property.
SB759,94,3
12. `Income.' Section 766.59 does not apply, and income during marriage and
2after the determination date attributable to the account, or the digital property in
3the account, is classified as marital property.
SB759,141 4Section 141 . 766.63 (1) of the statutes is amended to read:
SB759,94,85 766.63 (1) Except as provided otherwise in ss. 766.61 and, 766.62, and 766.625
6(2),
mixing marital property with property other than marital property reclassifies
7the other property to marital property unless the component of the mixed property
8which is not marital property can be traced.
SB759,142 9Section 142 . 766.70 (3) (dm) of the statutes is created to read:
SB759,94,1110 766.70 (3) (dm) An interest in a digital property account, as defined in s. 711.03
11(1).
SB759,143 12Section 143 . 814.66 (1) (o) of the statutes is created to read:
SB759,94,1413 814.66 (1) (o) For filing a petition to commence a judicial proceeding under ch.
14701, $250.
SB759,144 15Section 144 . 851.21 (2) (e) of the statutes is amended to read:
SB759,94,1816 851.21 (2) (e) A beneficiary of a trust created under documents offered for
17probate as the will of the decedent upon the admission of the decedent's will to
18probate and the issuance of letters of trust to court's appointment of the trustee.
SB759,145 19Section 145 . 854.13 (1) (c) of the statutes is amended to read:
SB759,94,2120 854.13 (1) (c) “Power of appointment" has the meaning given in s. 702.02 (6)
21702.102 (14).
SB759,146 22Section 146 . 856.29 of the statutes is amended to read:
SB759,95,8 23856.29 Letters issued to trustee Appointment of testamentary trust
24trustee. If the will of the decedent provides for a testamentary trust, letters of trust
25shall be issued to
the court shall appoint the trustee upon admission of the will to

1probate at the same time that letters are granted to the personal representative,
2unless the court otherwise directs. Upon issuance of letters of trust, the The trustee
3so appointed shall continue to be interested in the estate, and beneficiaries in the
4testamentary trust shall cease to be interested in the estate except under s. 851.21
5(3). Letters of trust shall not be required to evidence the authority of a testamentary
6trustee and a certification of trust under s. 701.1013 shall be sufficient evidence of
7such authority.
This section shall apply to wills admitted to informal probate and
8letters issued in informal administrations.
SB759,147 9Section 147 . 859.02 (3) of the statutes is amended to read:
SB759,95,1210 859.02 (3) Failure of a claimant timely to file a claim against a decedent's estate
11does not bar the claimant from satisfying the claim not otherwise barred from
12property other than the decedent's estate.
SB759,148 13Section 148 . 865.08 (6) of the statutes is amended to read:
SB759,95,2514 865.08 (6) If the will of the decedent provides for a testamentary trust, letters
15of trust shall be issued by
the probate registrar to shall appoint the trustee upon
16admission of the will to informal probate at the same time that letters are granted
17to the personal representative. Letters of trust shall not be required to evidence the
18authority of the appointed trustee and a certification of trust under s. 701.1013 shall
19be sufficient evidence of such authority.
The probate registrar shall determine if
20bond shall be required and, if so, the amount thereof, and for such purpose the
21probate registrar shall have the authority granted to the court by, and shall proceed
22pursuant to s. 701.0702. Thereafter, the trustee shall continue to be interested in the
23estate, and beneficiaries of the testamentary trust shall cease to be interested in the
24estate except under s. 851.21 (3). The administration of the trust shall be
25administered under supervision of the court under governed by ch. 701.
SB759,149
1Section 149. 905.03 (2m) of the statutes is created to read:
SB759,96,102 905.03 (2m) Privilege when client is a fiduciary. When a lawyer represents
3a client who is serving as a personal representative, trustee, trust protector, directing
4party, guardian, conservator, guardian ad litem, attorney in fact for financial
5matters, health care agent, or other fiduciary, the lawyer's client is the person who
6is acting as a fiduciary, and not anyone to whom the client owes fiduciary or other
7duties, and communication between the lawyer and such a client is protected from
8disclosure to the same extent as if the client was not acting as a fiduciary. The
9privilege may be claimed by the client, or otherwise as provided in sub. (3), even
10against anyone to whom the client owes fiduciary or other duties.
SB759,96,1111 (End)
Loading...
Loading...