Wisconsin Legislature: 27,7191c

814.67 (1) (bg) For interpreters assisting the state public defender in representing an indigent in preparing for court proceedings, $35 per one-half day.

27,7181 Section 7181 . 814.69 of the statutes is renumbered 814.69 (1) and 814.69 (1) (b), as renumbered, is amended to read:

814.69 (1) (b) For a transcript under s. 757.57 (5), a fee from the party requesting the transcript at the rate of $1.75 per 25-line page for the original and 60 cents per 25-line page for each copy. If the request is by the state or any political subdivision thereof, the fees of the reporter shall be at the rates provided in sub. (1) par. (a).

27,7182 Section 7182 . 814.69 (2) of the statutes is created to read:

814.69 (2) Any fees collected by a court reporter whose court reporter equipment is purchased by the state under s. 758.19 (4m) shall be deposited in the state treasury and credited to the general fund.

27,7184 Section 7184 . 814.70 (6) of the statutes is renumbered 814.70 (6) (a) and amended to read:

814.70 (6) (a) Copies. Making Except as provided in par. (b), making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when required by law or demanded by a party, and if not furnished by a party to the action or attorney, $1 per page.

27,7185 Section 7185 . 814.70 (6) (b) of the statutes is created to read:

814.70 (6) (b) Making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when requested by the state public defender, a fee equal to the actual, necessary and direct costs of copying.

27,7186 Section 7186 . 815.18 (13) (a) of the statutes is amended to read:

815.18 (13) (a) Assistance benefits exempt under s. 49.41 49.96.

27,7187 Section 7187 . 851.72 (2) of the statutes is amended to read:

851.72 (2) Keep a court record of every proceeding in the court under chs. 851 to 880 under its proper title, a brief statement of the nature of the proceeding and of all papers filed therein, with the date of filing and a reference to where minute records can be found or to the microfilm or optical disk or electronic file where papers have been stored so that the court record is a complete index or brief history of each proceeding from beginning to final disposition.

27,7188 Section 7188 . 851.72 (5) of the statutes is amended to read:

851.72 (5) Keep an alphabetical index to the court record and the file containing the original documents or microfilm, or optical disk, or electronic copies thereof.

27,7189 Section 7189 . 853.09 (2) of the statutes is amended to read:

853.09 (2) Duty of register in probate. The register in probate shall issue a receipt for the deposit of the will and shall maintain a registry of all wills deposited. The original will, unless withdrawn under sub. (3) or opened in accordance with s. 856.03 after death of the testator, shall be kept on file for the period provided in SCR chapter 72; thereafter the register may either retain the original will or open the envelope, copy or reproduce the will for confidential record storage purposes by microfilm, optical disk, electronic format or other method of comparable retrievability and destroy the original. If satisfactorily identified, the reproduction is admissible in court for probate or any other purpose the same as the original document. Wills deposited with the county judge under s. 238.15, 1967 stats., shall be transferred to the register in probate and become subject to this section.

27,7190 Section 7190 . 859.02 (2) (a) of the statutes is amended to read:

859.02 (2) (a) It is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income, franchise, sales, withholding, gift or death taxes, or on unemployment compensation contributions due or benefits overpaid, a claim for funeral or administrative expenses, a claim of this state under s. 49.496 or a claim of the United States; or

27,7190b Section 7190b. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 7190, is amended to read:

27,7190bm Section 7190bm. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7190 and 7190b, is amended to read:

27,7190c Section 7190c. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7190, 7190b and 7190bm, is amended to read:

27,7191b Section 7191b. 859.07 (2) of the statutes is amended to read:

859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10 or 48.36 or if the decedent or the spouse of the decedent ever received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and social services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.01 (8g).

27,7191bm Section 7191bm. 859.07 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 7191b, is amended to read:

859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10 or 48.36 or if the decedent or the spouse of the decedent ever received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and social services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.01 (8g).

27,7191c Section 7191c. 859.07 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7191b and 7191bm, is amended to read:

859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10 or 48.36 or if the decedent or the spouse of the decedent ever received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and social services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.01 (8g) 49.001 (6).

27,7193b Section 7193b. 867.01 (3) (a) 4. of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485.

27,7193bm Section 7193bm. 867.01 (3) (a) 4. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7193b, is amended to read:

867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.

27,7193c Section 7193c. 867.01 (3) (a) 4. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7193b and 7193bm, is amended to read:

867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685.

27,7194b Section 7194b. 867.01 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485, the petitioner shall give notice by certified mail to the department of health and social services as soon as practicable after filing the petition with the court.

27,7194bm Section 7194bm. 867.01 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7194b, is amended to read:

867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the petitioner shall give notice by certified mail to the department of health and social services as soon as practicable after filing the petition with the court.

27,7194c Section 7194c. 867.01 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7194b and 7194bm, is amended to read:

867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685, the petitioner shall give notice by certified mail to the department of health and social services as soon as practicable after filing the petition with the court.

27,7195b Section 7195b. 867.02 (2) (a) 6. of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485.

27,7195bm Section 7195bm. 867.02 (2) (a) 6. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7195b, is amended to read:

867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.

27,7195c Section 7195c. 867.02 (2) (a) 6. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7195b and 7195bm, is amended to read:

867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685.

27,7196 Section 7196 . 867.02 (2) (g) of the statutes is amended to read:

867.02 (2) (g) Order. If the court is satisfied that the estate may be settled by this section, after filing of the petition and proof of the will and after 30 days have elapsed since publication under par. (d), it shall decide all claims and assign the property to the creditors and persons interested who are entitled to it. The assignment shall be subject to the unknown rights of creditors or persons interested in the estate as limited in sub. (4). The court shall order any person indebted to or holding money or other property of the decedent to pay the indebtedness or deliver the property to the persons found to be entitled to receive it. It shall order the transfer of interests in real estate, stocks or bonds registered in the name of the decedent, the title of a licensed motor vehicle or any other form of property. If the decedent immediately prior to death had an estate for life or an interest as a joint tenant in any property in regard to which a certificate of termination under s. 867.04 has not been issued, the order shall set forth the termination of the life estate or the right of survivorship of any joint tenant. Every tract of real property in which an interest is assigned or terminated or which is security for a debt in which an interest is assigned or terminated shall be specifically described.

27,7197b Section 7197b. 867.03 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.03 (1) (c) Whether the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485.

27,7197bm Section 7197bm. 867.03 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7197b, is amended to read:

867.03 (1) (c) Whether the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.

27,7197c Section 7197c. 867.03 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7197b and 7197bm, is amended to read:

867.03 (1) (c) Whether the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685.

27,7198b Section 7198b. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.03 (1m) (a) Whenever an heir intends to transfer a decedent's property by affidavit under sub. (1) and the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485, the heir shall give notice to the department of health and social services of his or her intent. The notice shall include the information in the affidavit under sub. (1) and the heir shall give the notice by certified mail, return receipt requested.

27,7198bm Section 7198bm. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7198b, is amended to read:

867.03 (1m) (a) Whenever an heir intends to transfer a decedent's property by affidavit under sub. (1) and the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the heir shall give notice to the department of health and social services of his or her intent. The notice shall include the information in the affidavit under sub. (1) and the heir shall give the notice by certified mail, return receipt requested.

27,7198c Section 7198c. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7198b and 7198bm, is amended to read:

867.03 (1m) (a) Whenever an heir intends to transfer a decedent's property by affidavit under sub. (1) and the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685, the heir shall give notice to the department of health and social services of his or her intent. The notice shall include the information in the affidavit under sub. (1) and the heir shall give the notice by certified mail, return receipt requested.

27,7199b Section 7199b. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.03 (1m) (b) An heir who files an affidavit under sub. (1) that states that the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir files the affidavit.

27,7199bm Section 7199bm. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7199b, is amended to read:

867.03 (1m) (b) An heir who files an affidavit under sub. (1) that states that the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir files the affidavit.

27,7199c Section 7199c. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7199b and 7199bm, is amended to read:

867.03 (1m) (b) An heir who files an affidavit under sub. (1) that states that the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir files the affidavit.

27,7199y Section 7199y. 867.035 (title) of the statutes is amended to read:

867.035 (title) Transfer by affidavit; recipients of medical assistance certain benefits.

27,7200 Section 7200 . 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.035 (1) (intro.) The department of health and social services may collect from the funds property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

27,7200b Section 7200b. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7200, is amended to read:

867.035 (1) (intro.) The department of health and social services may collect from the property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a) or the aid under s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

27,7200bm Section 7200bm. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7200 and 7200b, is amended to read:

867.035 (1) (intro.) The department of health and social services may collect from the property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. or the aid under s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

27,7200c Section 7200c. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7200, 7200b and 7200bm, is amended to read:

867.035 (1) (intro.) The department of health and social services may collect from the property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. or the aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 that is recoverable under s. 49.482 49.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

27,7201 Section 7201 . 867.035 (1) (c) of the statutes is repealed.

27,7202 Section 7202 . 867.035 (1) (d) of the statutes is amended to read:

867.035 (1) (d) The value of the solely owned property in this state left by the decedent, after payment of burial costs, does not exceed $10,000 the amount under s. 867.03 (1) (intro.).

27,7203 Section 7203 . 867.035 (2) of the statutes is amended to read:

867.035 (2) A person possessing funds who possesses property of a decedent shall pay transmit the funds property to the department of health and social services upon receipt of an affidavit by a person designated by the secretary of health and social services to administer this section showing that the conditions in sub. (1) are satisfied. Upon payment transmittal, the person is released from any obligation to other creditors or heirs of the decedent. The department of health and social services shall provide a copy of the affidavit to the department of revenue.

27,7204 Section 7204 . 867.035 (3) of the statutes is amended to read:

867.035 (3) If a person has a valid claim against the decedent's estate that would have a higher priority under s. 859.25 (1) if the estate were administered than the department of health and social services would have under s. 859.25 (1) (e) and the person demands payment in writing within one year of the date on which the funds were collected by property was transmitted to the department, the department shall pay to the person the amount value of the property collected under sub. (2) or the amount of the claim, whichever is less. The department of health and social services shall notify the department of revenue of a payment under this subsection may authorize any person who possesses property of the decedent to honor higher priority claims with the decedent's property before transmitting property to the department.

27,7205 Section 7205 . 867.035 (4) of the statutes is amended to read:

867.035 (4) From the appropriation under s. 20.435 (1) (im), the department of health and social services shall pay claims under sub. (3), shall pay to the federal government the amount of the funds from the amount recovered under this section and not paid out as claims under sub. (3) an amount equal to the amount of federal funds used to pay the benefits recovered under this section that are not paid out as claims under sub. (3) and shall spend the remainder of the funds amount recovered under this section for medical assistance benefits administered under s. 49.45.

27,7206b Section 7206b. 867.035 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 7205, is amended to read: