861.06 (6) Valuation. The value of property used to satisfy the deferred marital property elective share includes the value of any property transferred outright to the surviving spouse, the commuted value of any present or future interest in property transferred to the surviving spouse, and the commuted value of property payable to the surviving spouse under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement.
216,195
Section
195. 861.07 (2) (intro.) of the statutes is amended to read:
861.07 (2) Persons liable. (intro.) The following persons are liable to make a prorated contribution toward satisfaction of the surviving spouse's deferred marital property elective share amount:
216,196
Section
196. 861.10 (1) of the statutes is amended to read:
861.10 (1) Right to elect may be waived. The right to elect a deferred marital property elective share amount may be waived by the surviving spouse in whole or in part. The waiver may take place before or after marriage. The waiver shall must be contained in a marital property agreement that is enforceable under s. 766.58 or in a signed document filed with a court described in s. 861.08 (1) (a) after the decedent's death.
216,197
Section
197. 861.10 (2) of the statutes is amended to read:
861.10 (2) Waiver of "all rights
".." Unless the waiver provides otherwise, a waiver of "all rights",
," or equivalent language, in the property or estate of a present or prospective spouse, or in a complete property settlement entered into because of separation or divorce, is a waiver of all rights in the deferred marital property elective share amount.
216,198
Section
198. 861.11 (2) (a) (intro.) of the statutes is amended to read:
861.11 (2) (a) (intro.) Upon a beneficiary's request for payment, a payer or other 3rd party who has received satisfactory proof of the decedent's death and who has not received written notice that the surviving spouse or his or her representative intends to file a petition for the deferred marital property elective share amount or that a petition for the election has been filed is not liable for any of the following:
216,199
Section
199. 861.11 (2) (b) of the statutes is amended to read:
861.11 (2) (b) A payer or other 3rd party is liable for payments made or other actions taken after receipt of written notice of the intent to file a petition for the elective share amount or written notice that a petition for the elective share amount has been filed.
216,200
Section
200. 861.11 (5) (b) of the statutes is amended to read:
861.11 (5) (b) Notwithstanding sub. (2), in addition to the protections afforded a financial institution under ss. 701.19 (11) and 710.05 and chs. 112 and 705 a financial institution is not liable for having transferred an account included in the augmented deferred marital property estate under s. 861.03 to a beneficiary designated in a governing instrument, or for having taken any other action in reliance on the beneficiary's apparent entitlement under the terms of a governing instrument, regardless of whether the financial institution received written notice of an intent to file, or the filing of, a petition for the deferred marital property elective share amount.
216,201
Section
201. 861.17 (3) of the statutes is amended to read:
861.17 (3) If the spouse is successful in an action to reach fraudulent property arrangements, recovery is limited to the share amount the spouse would receive under ch. 852 and this chapter. Other rules of this chapter apply so far as possible. Recovery A spouse who recovers under this subsection forfeits any power of appointment which that the surviving spouse possesses over the remaining portion of the fraudulently arranged property, except a special power.
216,202
Section
202. 861.20 (2) of the statutes is amended to read:
861.20 (2) If a married person who does not have a domicile in this state dies and has an interest in real property in this state that is subject to administration but not disposed of by will, the surviving spouse has the same right to the property under intestate succession as if the property were located in the decedent's domicile at decedent's death.
216,203
Section
203. 861.21 (1) (a) of the statutes is amended to read:
861.21 (1) (a) "Governing instrument" has the meaning given in s. 854.01 (2).
216,204
Section
204. 861.21 (2) of the statutes is amended to read:
861.21 (2) If marital
Decedent's property interest in home. Subject to subs. (4) and (5), if a married decedent has a marital property interest in a home, the decedent's entire interest in the home shall be assigned to the surviving spouse if the surviving spouse petitions the court requesting such a distribution and if a governing instrument does not provide a specific transfer of the decedent's interest in the home to someone other than the surviving spouse. The surviving spouse shall file the petition within 6 months after the decedent's death, unless the court extends the time for filing.
216,205
Section
205. 861.21 (3) of the statutes is repealed.
216,206
Section
206. 861.21 (4) of the statutes is amended to read:
861.21 (4) Payment by surviving spouse. The court shall assign the interest in the home under sub. (2) to the surviving spouse upon payment of the value of the decedent's interest in the home that does not pass to the surviving spouse under intestacy or under the a governing instrument. Payment shall be made to the fiduciary holding title to the interest. The surviving spouse may use assets due him or her from the fiduciary to satisfy all or part of the payment in kind. Unless the court extends the time, the surviving spouse shall have one year from the decedent's death to pay the value of the assigned interest.
216,207
Section
207. 861.21 (5) of the statutes is amended to read:
861.21 (5) Severance of home from surrounding land. On petition of the surviving spouse or of any interested person that part of the land is not necessary for dwelling purposes and that it would be inappropriate to assign all of the surrounding land as the home under sub. (2), the court may set off for the home as much of the land as is necessary for a dwelling. In determining how much land should be set off, the court shall take into account the use and marketability of the parcels set off as the home and the remaining land.
216,208
Section
208. 861.31 (1c) of the statutes is repealed.
216,209
Section
209. 861.31 (1m) of the statutes is amended to read:
861.31 (1m) The court may, without notice or on such notice as the court directs, order payment by the personal representative or special administrator of an allowance as it the court determines necessary or appropriate for the support of the surviving spouse and any dependent minor children of the decedent during the administration of the estate. In making or denying the order the
The court shall consider the size of the probate estate, other resources available for support, the existing standard of living, and any other factors it considers relevant.
216,210
Section
210. 861.31 (2) of the statutes is amended to read:
861.31 (2) The court may order that an allowance may be made to the spouse for support of the spouse and any dependent minor children of the decedent, or that separate allowances may be made to the spouse and to the dependent minor children of the decedent or their guardian, if any, if the court finds separate allowances advisable. If there is no surviving spouse, the court may order that an allowance may be made to the dependent minor children of the decedent or to their guardian, if any.
216,211
Section
211. 861.31 (4) (intro.) of the statutes is amended to read:
861.31 (4) (intro.) The court may direct order that the allowance be charged against income or principal, either as an advance or otherwise, but in no event may the court may not order that an allowance for support of dependent minor children of the decedent be charged against the income or principal interest of the surviving spouse. The court may direct order that the allowance for support of the surviving spouse, not including any allowance for support of dependent minor children
of the decedent, be applied in satisfaction of any of the following:
216,212
Section
212. 861.31 (4) (a) of the statutes is amended to read:
861.31 (4) (a) Any entitlement of the surviving spouse under s. 853.11 (2) 853.12.
216,213
Section
213. 861.33 (title) of the statutes is amended to read:
861.33 (title) Selection of personalty by surviving spouse or children.
216,214
Section
214. 861.33 (1) (a) (intro.) of the statutes is amended to read:
861.33 (1) (a) (intro.) Subject to this section, in addition to all allowances and distributions, the surviving spouse, or if there is no surviving spouse the decedent's children, may file with the court a written selection of the following personal property, which shall thereupon
then be transferred to the spouse or children by the personal representative:
216,215
Section
215. 861.33 (1) (b) of the statutes is amended to read:
861.33 (1) (b) The selection in par. (a) may not include items specifically bequeathed except that the surviving spouse or children may in every case select the normal household furniture, furnishings, and appliances necessary to maintain the home. For this purpose antiques, family heirlooms, and collections which that are specifically bequeathed are not classifiable as normal household furniture or furnishings.
216,216
Section
216. 861.33 (1) (c) of the statutes is repealed.
216,217
Section
217. 861.33 (2) of the statutes is amended to read:
861.33 (2) If it appears that claims may not be paid in full, the court may, upon petition of any creditor
, limit the transfer of personalty to the spouse or children under this section to items not exceeding $5,000 in aggregate inventory value until such time as the claims are paid in full or the court otherwise orders;, or the court may require the spouse or children to retransfer property in excess of $5,000 or, at the option of the spouse or children, pay the excess in value over this amount.
216,218
Section
218. 861.33 (3) of the statutes is amended to read:
861.33 (3) The surviving spouse or children may select items not specifically bequeathed of the type specified under sub. (1) (a) 4. exceeding in value the $3,000 limit or obtain the transfer of items exceeding the limit set by the court under sub. (2), by paying to the personal representative the excess of inventory value over the respective limit.
216,219
Section
219. 861.33 (4) of the statutes is amended to read:
861.33 (4) Subject to sub. (1) (c), the The personal representative has power, without court order, to execute appropriate documents to effect transfer of title to any personal property selected by the spouse or children selects under this section. A person may not question the validity of the documents of transfer or refuse to accomplish the transfer on the grounds that the personal representative is also the surviving spouse or the only child of the decedent.
216,220
Section
220. 861.35 (title) of the statutes is amended to read:
861.35 (title) Special allowance for support of spouse and support and education of dependent minor children.
216,221
Section
221. 861.35 (1c) of the statutes is repealed.
216,222
Section
222. 861.35 (1m) (intro.) of the statutes is amended to read:
861.35 (1m) (intro.) If the decedent is survived by a spouse or by minor children, the court may order an allowance for the support and education of each dependent minor child until he or she reaches a specified age, not to exceed 18, and for the support of the spouse. This allowance may be made whether the estate is testate or intestate. If the decedent is not survived by a spouse, the court also may allot directly to any of the dependent
the minor children household furniture, furnishings, and appliances. No The court may not order an allowance may be made under this section if any of the following apply applies:
216,223
Section
223. 861.35 (1m) (a) of the statutes is amended to read:
861.35 (1m) (a) The decedent has amply provided for each minor child and for the spouse by the terms of his or her will and the estate is sufficient to carry out the terms after payment of all debts and expenses transfer of probate or nonprobate assets, or support and education have been provided for by any other means.
216,224
Section
224. 861.35 (1m) (b) of the statutes is amended to read:
861.35 (1m) (b) In the case of dependent minor children, if the surviving spouse is legally responsible for support and education and has ample means to provide them in addition to his or her own support.
216,225
Section
225. 861.35 (1m) (c) of the statutes is amended to read:
861.35 (1m) (c) In the case of the surviving spouse, if he or she has ample means to provide for his or her support.
216,226
Section
226. 861.35 (2) of the statutes is amended to read:
861.35 (2) The court may set aside property to provide an allowance and may appoint a trustee to administer the property, subject to the continuing jurisdiction of the court. If a child dies or reaches the age of 18, or if at any time the property held by the trustee is no longer required for the support of the spouse or the support and education of any dependent the minor child, any remaining property is to be distributed by the trustee as directed by the court orders in accordance with the terms of the decedent's will or to the heirs of the decedent in intestacy or to satisfy unpaid claims of the decedent's estate.
216,227
Section
227. 861.35 (3) (a) of the statutes is amended to read:
861.35 (3) (a) The effect on claims under s. 859.25. The court shall balance the needs of the spouse or dependent minor children against the nature of the creditors' claims in setting the amount allowed under this section.
216,228
Section
228. 861.35 (4) (intro.) of the statutes is amended to read:
861.35 (4) (intro.) The court may direct order that the allowance to the surviving spouse, not including any allowance for the support and education of dependent minor children, be applied in satisfaction of any of the following:
216,229
Section
229. 861.35 (4) (a) of the statutes is amended to read:
861.35 (4) (a) Any entitlement of the surviving spouse under s. 853.11 (2) 853.12.
216,230
Section
230. 863.08 of the statutes is amended to read:
863.08 Exchange by distributee and surviving spouse. In its final judgment or other order, the court shall assign items to the surviving spouse and distributee to conform with the exchange under s. 857.03 (2)
766.31 (3) (b) to the extent that the court approved the exchange.
216,231
Section
231. 863.15 of the statutes is amended to read:
863.15 Right of retention
Debts to estate. When If a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, shall be treated as an offset by the personal representative against property of the estate to which the distributee is entitled. In contesting the offset the distributee shall have the benefit of any defense which would be available to the distributee in a direct proceeding by the personal representative for the recovery treatment of the debt is governed by s. 854.12.
216,232
Section
232. 865.07 (1) (d) of the statutes is amended to read:
865.07 (1) (d) The decedent died intestate or testate, and, if testate, whether the original will is in the possession of the court or accompanies the application and, contains an attestation clause showing compliance with the requirements of execution under s. 853.03 or 853.05 or includes an affidavit in substantially the form under s. 853.04 (1) or (2), and does not expressly prohibit informal administration;
216,233
Section
233. 867.01 (3) (am) 2. of the statutes is amended to read:
867.01 (3) (am) 2. A detailed statement of all property in which the decedent had an interest, property over which the decedent had a power of appointment, benefits payable on the decedent's death under annuities or under a retirement plan, life insurance, joint and life tenancies, gifts made in contemplation of death or taking effect upon death or made within 2 years prior to death and any other property that may be subject to death taxes as a result of the decedent's death subject to administration, including any encumbrance, lien, or other charge upon each item.
216,234
Section
234. 867.02 (2) (am) 3. of the statutes is amended to read:
867.02 (2) (am) 3. A detailed statement of all property in which the decedent had an interest, property over which the decedent had a power of appointment, benefits payable on decedent's death under annuities or under a retirement plan, life insurance, joint and life tenancies, gifts made in contemplation of death or taking effect upon death or made within 2 years prior to death and any other property which may be subject to death tax as a result of decedent's death subject to administration, including any encumbrance, lien, or other charge upon each item.
216,235
Section
235. 867.03 (1g) (intro.) of the statutes is amended to read:
867.03 (1g) Generally. (intro.) When a decedent leaves solely owned property subject to administration in this state which does not exceed $20,000 $50,000 in value, any heir of the decedent, trustee of a revocable trust created by the decedent, or person who was guardian of the decedent at the time of the decedent's death may collect any money due the decedent, receive the property of the decedent, and have any evidence of interest, obligation to, or right of the decedent transferred to the affiant if the heir, trustee, or guardian provides to the person owing the money, having custody of the property, or acting as registrar or transfer agent of the evidences of interest, obligation to, or right, or, if the property is an interest in or lien on real property, provides to the register of deeds preliminary to the recording required under sub. (2m), proof of prior mailed notice under sub. (1m) if applicable and an affidavit in duplicate showing all of the following:
216,236
Section
236. 867.03 (1g) (b) of the statutes is amended to read:
867.03 (1g) (b) The total value of the decedent's property subject to administration in this state at the date of decedent's death.
216,237
Section
237. 867.03 (1m) (a) of the statutes is amended to read:
867.03 (1m) (a) Whenever an heir, trustee, or person who was guardian of the decedent at the time of the decedent's death intends to transfer a decedent's property by affidavit under sub. (1g) and the decedent or the decedent's spouse ever received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the heir, trustee, or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health and family services of his or her intent. The notice shall include the information in the affidavit under sub. (1g) and the heir, trustee, or person who was guardian of the decedent at the time of the decedent's death shall give the notice by certified mail, return receipt requested.
216,238
Section
238. 867.03 (1m) (b) of the statutes is amended to read:
867.03 (1m) (b) An heir, trustee, or person who was guardian of the decedent at the time of the decedent's death who files an affidavit under sub. (1g) that states that the decedent or the decedent's spouse received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 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, trustee, or person who was guardian of the decedent at the time of the decedent's death files the affidavit.
216,239
Section
239. 867.03 (2) of the statutes is amended to read:
867.03 (2) Release of liability of transferor. Upon the transfer to the heir, trustee, or person who was guardian of the decedent at the time of the decedent's death furnishing the affidavit with an attached proof of mail delivery if required under sub. (1m) (b), the transferor is released to the same extent as if the transfer had been made to the personal representative of the estate of the decedent.
216,240
Section
240. 867.03 (2g) of the statutes is created to read:
867.03 (2g) Obligation of affiant. By accepting the decedent's property under this section the heir, trustee, or guardian assumes a duty to apply the property transferred for the payment of obligations according to priorities established under s. 859.25 and to distribute any balance to those persons designated in the appropriate governing instrument, as defined in s. 854.01, of the decedent or if there is no governing instrument, according to the rules of intestate succession under ch. 852. An heir or guardian may publish a notice to creditors in the same manner and with the same effect as a trustee under s. 701.065. This subsection does not prohibit any appropriate person from requesting administration of the decedent's estate under s. 856.07 or ch. 865.
