AB645-ASA1, s. 58
6Section
58. 701.27 (8) (title) of the statutes is renumbered 854.13 (12) (title).
AB645-ASA1, s. 59
7Section
59. 701.27 (8) of the statutes is renumbered 854.13 (12) (a) and
8amended to read:
AB645-ASA1,14,119
854.13
(12) (a) This section does not
abridge affect the right of a person to
10waive, release, disclaim or renounce property
or an interest in property under any
11other statute, the common law, or as provided in the creating instrument.
AB645-ASA1, s. 61
13Section
61. 702.03 (1) of the statutes is repealed and recreated to read:
AB645-ASA1,14,1814
702.03
(1) Unless a contrary intention is found, if a governing instrument, as
15defined in s. 854.01, creating a power of appointment expressly requires that the
16power be exercised by any type of reference to the power or its source, it is presumed
17that the donor's intention in requiring the reference was to prevent an inadvertent
18exercise of the power. Extrinsic evidence may be used to show contrary intent.
AB645-ASA1,14,21
20702.08 Disclaimer of powers. The donee of any power may disclaim all or
21part of the power as provided under s.
701.27 or 853.40 854.13.
AB645-ASA1,14,25
23702.22 Applicability of general transfers at death provisions. Chapter
24854 applies to transfers at death under an instrument that creates or exercises a
25power of appointment.
AB645-ASA1,15,3
2705.09 Applicability of general transfers at death provisions. Chapter
3854 applies to transfers at death under this subchapter.
AB645-ASA1, s. 65
4Section
65. Subchapter II (title) of chapter 705 [precedes 705.20] of the
5statutes is repealed and recreated to read:
AB645-ASA1,15,87
Subchapter II
8
nonprobate transfers at death
AB645-ASA1,15,1010
705.20
(3) Chapter 854 applies to transfers at death under this section.
AB645-ASA1, s. 67
11Section
67. Subchapter III (title) of chapter 705 [precedes 705.21] of the
12statutes is created to read:
AB645-ASA1,15,1614
Subchapter III
15
transfer on death
16
security registration
AB645-ASA1,15,19
18705.31 Applicability of general transfers at death provisions. Chapter
19854 applies to transfers at death under this subchapter.
AB645-ASA1,15,22
21706.105 Applicability of general transfers at death provisions. Chapter
22854 applies to transfers at death under a conveyance.
AB645-ASA1,16,424
766.575
(3) (b) If within 14 business days after receiving the notice of claim the
25trustee receives, as purporting to support the claim, a decree, marital property
1agreement or proof that a legal action has been commenced, including a copy of an
2election filed pursuant to s.
861.03 861.08 (1), to establish the validity of the claim,
3the trustee shall suspend distribution of the portion of the property to which the
4claim relates pending resolution of the validity of the claim.
AB645-ASA1,16,166
766.58
(3) (f) Providing that upon the death of either spouse any of either or
7both spouses' property, including after-acquired property, passes without probate to
8a designated person, trust or other entity by nontestamentary disposition. Any such
9provision in a marital property agreement is revoked upon dissolution of the
10marriage as provided in s. 767.266
(1). If a marital property agreement provides for
11the nontestamentary disposition of property, without probate, at the death of the 2nd
12spouse, at any time after the death of the first spouse the surviving spouse may
13amend the marital property agreement with regard to property to be disposed of at
14his or her death unless the marital property agreement expressly provides otherwise
15and except to the extent property is held in a trust expressly established under the
16marital property agreement.
AB645-ASA1,16,1918
766.58
(3m) Chapter 854 applies to transfers at death under a marital property
19agreement.
AB645-ASA1,17,221
766.587
(6) Rights of surviving spouse. Notwithstanding the fact that an
22agreement under this section is in effect at, or has terminated before, the death of
23a spouse who is a party to the agreement, the surviving spouse may elect under
ss. 24s. 861.02
(1) and 861.03. For the purpose of the election, in addition to the property
25described in s. 851.055, property acquired during marriage and after the
1determination date which would have been marital property but for the agreement
2is deferred marital property.
AB645-ASA1,17,104
766.589
(7) Rights of surviving spouse. Notwithstanding the fact that an
5agreement under this section is in effect at, or has terminated before, the time of
6death of a spouse who is party to the agreement, the surviving spouse may elect
7under
ss. s. 861.02
and 861.03. For the purpose of the election, in addition to the
8property described in s. 851.055, property acquired during marriage and after the
9determination date which would have been marital property but for the agreement
10is deferred marital property.
AB645-ASA1, s. 75
11Section
75. 766.61 (2) (c) 2. of the statutes is amended to read:
AB645-ASA1,17,2012
766.61
(2) (c) 2. If within 14 business days after receiving the notice of claim
13the issuer receives at its home office, as purporting to support the notice of claim, a
14decree, marital property agreement, written directive signed by the beneficiary and
15surviving spouse, consent under sub. (3) (e) or proof that a legal action has been filed,
16including a copy of an election filed pursuant to s.
861.03 861.08 (1), to secure an
17interest as evidenced in such a document, the issuer shall make payment or take
18action on the policy after the issuer receives from a court or from the claimant and
19the person directing action or payment written documentation indicating that the
20dispute has been resolved.
AB645-ASA1, s. 76
21Section
76. 767.266 (title) of the statutes is renumbered 767.266 (1) (title).
AB645-ASA1,17,23
23767.266 (title)
Effect on transfers at death.
AB645-ASA1, s. 78
24Section
78. 767.266 of the statutes is renumbered 767.266 (1) (intro.) and
25amended to read:
AB645-ASA1,18,5
1767.266
(1) (title)
Revocation of nontestamentary disposition provision
2death provisions in marital property agreement. (intro.) Unless the judgment
3provides otherwise, a judgment of annulment, divorce or legal separation revokes a
4provision in a marital property agreement under s. 766.58
which provides that
5provides for any of the following:
AB645-ASA1,18,8
6(a) That, upon the death of either spouse, any of either or both spouses'
7property, including after-acquired property, passes without probate to a designated
8person, trust or other entity by nontestamentary disposition.
AB645-ASA1,18,1110
767.266
(1) (b) That one or both spouses will make a particular disposition in
11a will or other governing instrument, as defined in s. 854.01.
AB645-ASA1,18,1713
767.266
(2) Revocation of revocable transfers at death. Unless sub. (1)
14applies, revocation of revocable transfers at death by a former spouse to the other
15former spouse, or to relatives of the other former spouse, under an instrument
16executed before the judgment of annulment, divorce or legal separation is governed
17by s. 854.15.
AB645-ASA1,18,25
19815.56 Sheriff's deed; grantee if purchaser dead. In case the person who
20would be entitled to a deed of real estate sold on execution dies before the delivery
21of that deed the sheriff shall execute a deed to the person's executors or
22administrators. The real estate so conveyed shall be held in trust for the use of the
23heirs or devisees of the deceased person, subject to the surviving spouse's right to
24elect under
ss. s. 861.02 (1)
and 861.03, but may be sold for the payment of debts in
25the same manner as lands of which the person died seized.
AB645-ASA1, s. 83
2Section
83. Subchapter I (title) of chapter 851 [precedes 851.002] of the
3statutes is created to read:
AB645-ASA1,19,65
Subchapter I
6
Definitions
AB645-ASA1,19,9
8851.002 Definitions. The definitions in ss. 851.01 to
851.29 851.31 apply to
9chs. 851 to 882.
AB645-ASA1,19,12
11851.035 Conscious presence. "Conscious presence" means within the range
12of any of a person's senses.
AB645-ASA1, s. 86
13Section
86. 851.055 of the statutes is repealed and recreated to read:
AB645-ASA1,19,15
14851.055 Deferred marital property. "Deferred marital property" means any
15property that satisfies all of the following:
AB645-ASA1,19,16
16(1) Is not classified by ch. 766.
AB645-ASA1,19,17
17(2) Was acquired while the spouses were married.
AB645-ASA1,19,19
18(3) Would have been classified as marital property under ch. 766 if the property
19had been acquired when ch. 766 applied.
AB645-ASA1,19,23
21851.065 Devise. "Devise", when used as a noun, means a testamentary
22disposition of any real or personal property by will. "Devise", when used as a verb,
23means to dispose of any real or personal property by will.
AB645-ASA1,20,4
1851.13 Issue. "Issue" means children, grandchildren, great-grandchildren,
2and lineal descendants of more remote degrees, including those who occupy that
3relation by reason of adoption under s.
851.51 854.20 and nonmarital children and
4their lineal descendants to the extent provided by s. 852.05.
AB645-ASA1,20,9
6851.27 Property. "Property" means any interest, legal or equitable, in real or
7personal property, without distinction as to kind
, including money, rights of a
8beneficiary under a contractual arrangement, chooses in action and anything else
9that may be the subject of ownership.
AB645-ASA1,20,12
11851.30 Surviving spouse. (1) Subject to sub. (2), "surviving spouse" means
12a person who was married to the decedent at the time of the decedent's death.
AB645-ASA1,20,13
13(2) "Surviving spouse" does not include any of the following:
AB645-ASA1,20,1814
(a) An individual who obtains or consents to a final decree or judgment of
15divorce from the decedent or an annulment of their marriage, if the decree or
16judgment is not recognized as valid in this state, unless they subsequently
17participate in a marriage ceremony purporting to marry each other or they
18subsequently hold themselves out as husband and wife.
AB645-ASA1,20,2119
(b) An individual who, following an invalid decree or judgment of divorce or
20annulment obtained by the decedent, participates in a marriage ceremony with a 3rd
21individual.
AB645-ASA1,20,2322
(c) An individual who was party to a valid proceeding concluded by an order
23purporting to terminate all property rights based on the marriage.
AB645-ASA1,21,4
1851.31 Will. "Will" includes a codicil and any document incorporated by
2reference in a testamentary document under s. 853.32 (1) or (2). "Will" does not
3include a copy, unless the copy has been proven as a will under s. 856.17, but "will"
4does include a properly executed duplicate original.
AB645-ASA1, s. 93
6Section
93. Subchapter II (title) of chapter 851 [precedes 851.40] of the
7statutes is created to read:
AB645-ASA1,21,109
Subchapter II
10
General probate provisions
AB645-ASA1,21,14
12851.50 Status of adopted persons. The status of adopted persons for
13purposes of inheritance and transfers under wills or other governing instruments,
14as defined in s. 854.01, is governed by ss. 854.20 and 854.21.
AB645-ASA1, s. 96
16Section
96. 851.51 (1) and (2) of the statutes are renumbered 854.20 (1) and
17(2) and amended to read:
AB645-ASA1,21,2318
854.20
(1) Inheritance rights between adopted person and adoptive
19relatives. A Subject to sub. (4), a legally adopted person is treated as a
natural birth 20child of the person's adoptive parents for purposes of intestate succession by, through
21and from the adopted person and for purposes of any statute conferring rights upon
22children, issue or relatives in connection with the law of intestate succession or
wills 23governing instruments.
AB645-ASA1,22,2
24(2) (title)
Inheritance rights between adopted person and natural birth
25relatives. A Subject to sub. (4), a legally adopted person ceases to be treated as a
1child of the person's
natural birth parents for the same purposes
as under sub. (1),
2except:
AB645-ASA1,22,53
(a) If a
natural birth parent marries or remarries and the child is adopted by
4the stepparent,
for all purposes the child is treated as the child of the
child's natural 5birth parent
for all purposes; whose spouse adopted the child.
AB645-ASA1,22,116
(b) If a
natural birth parent of a marital child dies and the other
natural birth 7parent remarries and the child is adopted by the stepparent, the child is treated as
8the child of the deceased
natural birth parent for purposes of inheritance through
9that parent and for purposes of any statute conferring rights upon children, issue or
10relatives of that parent under the law of intestate succession or
wills governing
11instruments.
AB645-ASA1, s. 98
13Section
98. 851.55 of the statutes is repealed and recreated to read:
