LRBa3472/1
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1995 - 1996 LEGISLATURE
SENATE AMENDMENT 1,
To 1995 SENATE BILL 490
March 5, 1996 - Offered by Committee on Judiciary.
SB490-SA1,1,169
867.03
(1m) (a) Whenever an heir
or trustee of a revocable living trust created
10by the decedent intends to transfer a decedent's property by affidavit under sub. (1)
11and the decedent or the decedent's spouse ever received medical assistance under ss.
1249.45 to 49.47, long-term community support services funded under s. 46.27 (7) or
13aid under s. 49.48, 49.483 or 49.485, the heir
or trustee shall give notice to the
14department of health and social services of his or her intent. The notice shall include
15the information in the affidavit under sub. (1) and the heir
or trustee shall give the
16notice by certified mail, return receipt requested.
SB490-SA1,2,114
867.03
(1m) (a) Whenever an heir or trustee of a revocable living trust created
5by the decedent intends to transfer a decedent's property by affidavit under sub. (1)
6and the decedent or the decedent's spouse ever received medical assistance under
7subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7)
8or aid under s. 49.68, 49.683 or 49.685, the heir or trustee shall give notice to the
9department of health and family services of his or her intent. The notice shall include
10the information in the affidavit under sub. (1) and the heir or trustee shall give the
11notice by certified mail, return receipt requested.
SB490-SA1,2,2014
867.03
(1m) (b) An heir
or trustee of a revocable living trust created by the
15decedent who files an affidavit under sub. (1) that states that the decedent or the
16decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term
17community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483
18or 49.485 shall attach to the affidavit the proof of mail delivery of the notice required
19under par. (a) showing a delivery date that is not less than 10 days before the day on
20which the heir
or trustee files the affidavit.
SB490-SA1,3,524
867.03
(1m) (b) An heir or trustee of a revocable living trust created by the
25decedent who files an affidavit under sub. (1) that states that the decedent or the
1decedent's spouse received medical assistance under subch. IV of ch. 49, long-term
2community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683
3or 49.685 shall attach to the affidavit the proof of mail delivery of the notice required
4under par. (a) showing a delivery date that is not less than 10 days before the day on
5which the heir or trustee files the affidavit.
SB490-SA1,3,107
867.03
(2) Release of liability of transferor. Upon the transfer to the heir
8or trustee furnishing the affidavit with an attached proof of mail delivery if required
9under sub. (1m) (b), the transferor is released to the same extent as if the transfer
10had been made to the personal representative of the estate of the decedent.".
SB490-SA1,3,13
12"
Section 7.
Effective dates. This act takes effect on the day after publication,
13except as follows:
SB490-SA1,3,15
14(1) The repeal and recreation of section 867.03 (1m) (a) and (b) of the statutes
15takes effect on July 1, 1996.".