Wisconsin Legislature: 188,94

Chapter 851

Subchapter I
Definitions

188,84 Section 84 . 851.002 of the statutes is amended to read:

851.002 Definitions. The definitions in ss. 851.01 to 851.29 851.31 apply to chs. 851 to 882.

188,85 Section 85 . 851.035 of the statutes is created to read:

851.035 Conscious presence. “Conscious presence" means within the range of any of a person's senses.

188,86 Section 86 . 851.055 of the statutes is repealed and recreated to read:

851.055 Deferred marital property. “ Deferred marital property" means any property that satisfies all of the following:

(1) Is not classified by ch. 766.

(2) Was acquired while the spouses were married.

(3) Would have been classified as marital property under ch. 766 if the property had been acquired when ch. 766 applied.

188,87 Section 87 . 851.065 of the statutes is created to read:

851.065 Devise. “Devise", when used as a noun, means a testamentary disposition of any real or personal property by will. “Devise", when used as a verb, means to dispose of any real or personal property by will.

188,88 Section 88. 851.13 of the statutes is amended to read:

851.13 Issue. “Issue" means children, grandchildren, great-grandchildren, and lineal descendants of more remote degrees, including those who occupy that relation by reason of adoption under s. 851.51 854.20 and nonmarital children and their lineal descendants to the extent provided by s. 852.05.

188,89 Section 89 . 851.27 of the statutes is amended to read:

851.27 Property. “Property" means any interest, legal or equitable, in real or personal property, without distinction as to kind, including money, rights of a beneficiary under a contractual arrangement, choses in action and anything else that may be the subject of ownership.

188,90 Section 90 . 851.30 of the statutes is created to read:

851.30 Surviving spouse. (1) Subject to sub. (2), “surviving spouse" means a person who was married to the decedent at the time of the decedent's death.

(2) “Surviving spouse" does not include any of the following:

(a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife.

(b) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a 3rd individual.

(c) An individual who was party to a valid proceeding concluded by an order purporting to terminate all property rights based on the marriage.

188,91 Section 91 . 851.31 of the statutes is created to read:

851.31 Will. “Will" includes a codicil and any document incorporated by reference in a testamentary document under s. 853.32 (1) or (2). “Will" does not include a copy, unless the copy has been proven as a will under s. 856.17, but “will" does include a properly executed duplicate original.

188,92 Section 92 . 851.35 of the statutes is renumbered 854.17.

188,93 Section 93 . Subchapter II (title) of chapter 851 [precedes 851.40] of the statutes is created to read:

Chapter 851

Subchapter II
General probate provisions

188,94 Section 94 . 851.50 of the statutes is created to read:

851.50 Status of adopted persons. The status of adopted persons for purposes of inheritance and transfers under wills or other governing instruments, as defined in s. 854.01, is governed by ss. 854.20 and 854.21.

188,95 Section 95 . 851.51 (title) of the statutes is repealed.

188,96 Section 96 . 851.51 (1) and (2) of the statutes are renumbered 854.20 (1) and (2) and amended to read:

854.20 (1) Inheritance rights between adopted person and adoptive relatives. A Subject to sub. (4), a legally adopted person is treated as a natural birth child of the person's adoptive parents for purposes of intestate succession by, through and from the adopted person and for purposes of any statute conferring rights upon children, issue or relatives in connection with the law of intestate succession or wills governing instruments.

(2) (title) Inheritance rights between adopted person and natural birth relatives. A Subject to sub. (4), a legally adopted person ceases to be treated as a child of the person's natural birth parents for the same purposes as under sub. (1), except:

(a) If a natural birth parent marries or remarries and the child is adopted by the stepparent, for all purposes the child is treated as the child of the child's natural birth parent for all purposes; whose spouse adopted the child.

(b) If a natural birth parent of a marital child dies and the other natural birth parent remarries and the child is adopted by the stepparent, the child is treated as the child of the deceased natural birth parent for purposes of inheritance through that parent and for purposes of any statute conferring rights upon children, issue or relatives of that parent under the law of intestate succession or wills governing instruments.

188,97 Section 97 . 851.51 (3) of the statutes is repealed.

188,98 Section 98 . 851.55 of the statutes is repealed and recreated to read:

851.55 Simultaneous death. The transfer of or title to property that depends upon priority of death with respect to 2 or more persons who die simultaneously is governed by s. 854.03.

188,99 Section 99 . 852.01 (1) (intro.) of the statutes is amended to read:

852.01 (1) Who are heirs. (intro.) The Except as modified by the decedent's will under s. 852.10 (1), any part of the net estate of a decedent which the decedent has that is not disposed of by will, whether the decedent dies without a will, or with a will which does not completely dispose of the decedent's estate, passes to the decedent's surviving heirs as follows:

188,100 Section 100 . 852.01 (1) (a) 2. of the statutes is amended to read:

852.01 (1) (a) 2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of that portion of the decedent's net estate not disposed of by will consisting of decedent's property other than marital property.

188,101 Section 101 . 852.01 (1) (b) and (d) of the statutes are amended to read:

852.01 (1) (b) To the issue, the share of the estate not passing to the spouse under par. (a), or the entire estate if there is no surviving spouse; if the issue are all in the same degree of kinship to the decedent they take equally, but if they are of unequal degree then. If there are issue other than children, those of more remote degrees take by representation per stirpes.

(d) If there is no surviving spouse, issue or parent, to the brothers and sisters and the issue of any deceased brother or sister by representation per stirpes.

188,102 Section 102 . 852.01 (1) (e) of the statutes is repealed.

188,103 Section 103 . 852.01 (1) (f) of the statutes is renumbered 852.01 (1) (f) (intro.) and amended to read:

852.01 (1) (f) (intro.) If there is no surviving spouse, issue, parent or issue of a parent, to the grandparents and their issue as follows:

188,104 Section 104 . 852.01 (1) (f) 1. of the statutes is created to read:

852.01 (1) (f) 1. One-half to the maternal grandparents equally if both survive, or to the surviving maternal grandparent; if both maternal grandparents are deceased, to the issue of the maternal grandparents or either of them, per stirpes.

188,105 Section 105 . 852.01 (1) (f) 2. of the statutes is created to read:

852.01 (1) (f) 2. One-half to the paternal relations in the same manner as to the maternal relations under subd. 1.

188,106 Section 106 . 852.01 (1) (f) 3. of the statutes is created to read:

852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent's relatives on the other side.

188,107 Section 107 . 852.01 (1) (g) of the statutes is repealed.

188,108 Section 108 . 852.01 (2) of the statutes is repealed and recreated to read:

852.01 (2) Survivorship requirement. Survivorship under sub. (1) is determined as provided in s. 854.03.

188,109 Section 109 . 852.01 (2m) of the statutes is repealed and recreated to read:

852.01 (2m) Heir who kills decedent. If a person under sub. (1) killed the decedent, the inheritance rights of that person are governed by s. 854.14.

188,110 Section 110 . 852.03 (1) of the statutes is repealed and recreated to read:

852.03 (1) Per stirpes. If per stirpes distribution is called for under s. 852.01 (1) (b), (d) or (f), the rules under s. 854.04 apply.

188,111 Section 111 . 852.03 (2) of the statutes is repealed.

188,112 Section 112 . 852.03 (3) of the statutes is repealed and recreated to read:

852.03 (3) Relatives of the half blood. Inheritance rights of relatives of the half blood are governed by s. 854.21 (4).

188,113 Section 113 . 852.03 (4) of the statutes is repealed and recreated to read:

852.03 (4) Posthumous heirs. Inheritance rights of a person specified in s. 852.01 (1) who was born after the death of the decedent are governed by s. 854.21 (5).

188,114 Section 114 . 852.03 (5) and (6) of the statutes are created to read:

852.03 (5) Related through 2 lines. Inheritance rights of a person who is related to the decedent through 2 lines of relationship are governed by s. 854.21 (6).

(6) Taking through or by alien. No person is disqualified from taking as an heir because the person or a person through whom he or she claims is not or at some time was not a U.S. citizen. The rights of an alien to acquire or hold land in the state are governed by ss. 710.01 to 710.03.

188,115 Section 115 . 852.05 (1) of the statutes is renumbered 852.05 (1) (intro.) and amended to read:

852.05 (1) (intro.) A nonmarital child or the child's issue is entitled to take in the same manner as a marital child by intestate succession from and through his or her mother, and from and through his or her father if the any of the following applies:

(a) The father has either been adjudicated to be the father in a paternity proceeding under ch. 767, or by final order or judgment of a court of competent jurisdiction in another state.

(b) The father has admitted in open court that he is the father, or.

188,116 Section 116 . 852.05 (2) of the statutes is amended to read:

852.05 (2) Property of a nonmarital child passes in accordance with s. 852.01 except that the father or the father's kindred can inherit only if the father has been adjudicated to be the father in a paternity proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state.

188,117 Section 117 . 852.05 (3) of the statutes is amended to read:

852.05 (3) This section does not apply to a child who becomes a marital child by the subsequent marriage of the child's parents under s. 767.60. The status of a nonmarital child who is legally adopted is governed by s. 851.51 854.20.

188,118 Section 118 . 852.05 (4) of the statutes is created to read:

852.05 (4) Section 895.01 (1) applies to paternity proceedings under ch. 767.

188,119 Section 119 . 852.09 of the statutes is repealed and recreated to read:

852.09 Assignment of home to surviving spouse. If the intestate estate includes an interest in a home, assignment of that interest to the surviving spouse is governed by s. 861.21.

188,120 Section 120 . 852.10 of the statutes is created to read:

852.10 Disinheritance from intestate share. (1) A decedent's will may exclude or limit the right of an individual or class to succeed to property passing by intestate succession.

(2) The share of the intestate estate that would have passed to the individual or class described in sub. (1) passes as if the individual or each member of the class had disclaimed his or her intestate share under s. 854.13.

(3) This section does not apply if the individual or all members of the class described in sub. (1) predecease the testator.

188,121 Section 121 . 852.11 of the statutes is repealed and recreated to read: