AB75-SSA1, s. 3246 23Section 3246. 851.295 of the statutes is created to read:
AB75-SSA1,1655,3
1851.295 Surviving domestic partner. "Surviving domestic partner" means
2a person who was in a domestic partnership under ch. 770 with the decedent, at the
3time of the decedent's death.
AB75-SSA1, s. 3247 4Section 3247. 852.01 (1) (a) (intro.), 1. and 2. (intro.) and b., (b), (c), (d) and (f)
5(intro.) of the statutes are amended to read:
AB75-SSA1,1655,66 852.01 (1) (a) (intro.) To the spouse or domestic partner:
AB75-SSA1,1655,97 1. If there are no surviving issue of the decedent, or if the surviving issue are
8all issue of the surviving spouse or surviving domestic partner and the decedent, the
9entire estate.
AB75-SSA1,1655,1210 2. (intro.) If there are surviving issue one or more of whom are not issue of the
11surviving spouse or surviving domestic partner, one-half of decedent's property
12other than the following property:
AB75-SSA1,1655,1413 b. The decedent's interest in property held equally and exclusively with the
14surviving spouse or surviving domestic partner as tenants in common.
AB75-SSA1,1655,1715 (b) To the issue, per stirpes, the share of the estate not passing to the spouse
16or surviving domestic partner, under par. (a), or the entire estate if there is no
17surviving spouse or surviving domestic partner.
AB75-SSA1,1655,1918 (c) If there is no surviving spouse, surviving domestic partner, or issue, to the
19parents.
AB75-SSA1,1655,2120 (d) If there is no surviving spouse, surviving domestic partner, issue, or parent,
21to the brothers and sisters and the issue of any deceased brother or sister per stirpes.
AB75-SSA1,1655,2322 (f) (intro.) If there is no surviving spouse, surviving domestic partner, issue,
23parent, or issue of a parent, to the grandparents and their issue as follows:
AB75-SSA1, s. 3248 24Section 3248. 852.09 of the statutes is amended to read:
AB75-SSA1,1656,4
1852.09 Assignment of home to surviving spouse or surviving domestic
2partner
. If the intestate estate includes an interest in a home, assignment of that
3interest to the surviving spouse or surviving domestic partner is governed by s.
4861.21.
AB75-SSA1, s. 3249 5Section 3249. 853.11 (2m) and (3) of the statutes are amended to read:
AB75-SSA1,1656,96 853.11 (2m) Premarital or predomestic partnership will. Entitlements of a
7surviving spouse or surviving domestic partner under a decedent's will that was
8executed before marriage to the surviving spouse or before recording of the domestic
9partnership under ch. 770
are governed by s. 853.12.
AB75-SSA1,1656,11 10(3) Transfer to former spouse or former domestic partner. A transfer under
11a will to a former spouse or former domestic partner is governed by s. 854.15.
AB75-SSA1, s. 3250 12Section 3250. 853.12 (title) of the statutes is amended to read:
AB75-SSA1,1656,13 13853.12 (title) Premarital will or predomestic partnership will.
AB75-SSA1, s. 3251 14Section 3251. 853.12 (1), (2) (intro.) and (a), (3) (a) and (b) and (4) (a) of the
15statutes are amended to read:
AB75-SSA1,1656,2016 853.12 (1) Entitlement of surviving spouse or surviving domestic partner.
17Subject to sub. (3), if the testator married the surviving spouse or recorded a domestic
18partnership under ch. 770 with the surviving domestic partner
after the testator
19executed his or her will, the surviving spouse or surviving domestic partner is
20entitled to a share of the probate estate.
AB75-SSA1,1656,25 21(2) Value of share. (intro.) The value of the share under sub. (1) is the value
22of the share that the surviving spouse or surviving domestic partner would have
23received had the testator died with an intestate estate equal to the value of the
24testator's net estate, but the value of the net estate shall first be reduced by the value
25of all of the following:
AB75-SSA1,1657,4
1(a) All devises to or for the benefit of the testator's children who were born
2before the marriage to the surviving spouse or the domestic partnership with the
3surviving domestic partner
and who are not also the children of the surviving spouse
4or surviving domestic partner.
AB75-SSA1,1657,7 5(3) (a) It appears from the will or other evidence that the will was made in
6contemplation of the testator's marriage to the surviving spouse or domestic
7partnership with the surviving domestic partner
.
AB75-SSA1,1657,118 (b) It appears from the will or other evidence that the will is intended to be
9effective notwithstanding any subsequent marriage or domestic partnership, or
10there is sufficient evidence that the testator considered revising the will after
11marriage or domestic partnership but decided not to.
AB75-SSA1,1657,13 12(4) (a) Amounts received by the surviving spouse under s. 861.02 and devises
13made by will to the surviving spouse or surviving domestic partner are applied first.
AB75-SSA1, s. 3252 14Section 3252. 854.15 (title) of the statutes is amended to read:
AB75-SSA1,1657,16 15854.15 (title) Revocation of provisions in favor of former spouse or
16former domestic partner
.
AB75-SSA1, s. 3253 17Section 3253. 854.15 (1) (b) of the statutes is renumbered 854.15 (1) (b) (intro.)
18and amended to read:
AB75-SSA1,1657,2019 854.15 (1) (b) (intro.) "Divorce, annulment or similar event" means any of the
20following:
AB75-SSA1,1657,22 211. A divorce, any annulment, or any other event or proceeding that would
22exclude a spouse as a surviving spouse under s. 851.30.
AB75-SSA1, s. 3254 23Section 3254. 854.15 (1) (b) 2. of the statutes is created to read:
AB75-SSA1,1658,3
1854.15 (1) (b) 2. A termination of a domestic partnership or other event or
2proceeding that would exclude a person as a surviving domestic partner under s.
3851.295.
AB75-SSA1, s. 3255 4Section 3255. 854.15 (1) (c) of the statutes is amended to read:
AB75-SSA1,1658,75 854.15 (1) (c) "Former spouse" means a person whose marriage to the decedent
6or domestic partnership with the decedent has been the subject of a divorce,
7annulment or similar event.
AB75-SSA1, s. 3256 8Section 3256. 854.15 (5) (am) 5. of the statutes is amended to read:
AB75-SSA1,1658,109 854.15 (5) (am) 5. The decedent and the former spouse have remarried or
10entered into a new domestic partnership before the death of the decedent
.
AB75-SSA1, s. 3257 11Section 3257. 859.25 (1) (g) of the statutes is amended to read:
AB75-SSA1,1658,1312 859.25 (1) (g) Property assigned to the surviving spouse or surviving domestic
13partner
under s. 861.41.
AB75-SSA1, s. 3258 14Section 3258. 861.21 (title) of the statutes is amended to read:
AB75-SSA1,1658,16 15861.21 (title) Assignment of home to surviving spouse or surviving
16domestic partner
.
AB75-SSA1, s. 3259 17Section 3259. 861.21 (1) (b) of the statutes is amended to read:
AB75-SSA1,1659,218 861.21 (1) (b) "Home" means any dwelling in which the decedent had an
19interest and that at the time of the decedent's death the surviving spouse or surviving
20domestic partner
occupies or intends to occupy. If there are several such dwellings,
21any one may be designated by the surviving spouse or surviving domestic partner.
22"Home" includes a house, a mobile home, a manufactured home, a duplex or multiple
23apartment building one unit of which is occupied by the surviving spouse or
24surviving domestic partner
and a building used in part for a dwelling and in part for
25commercial or business purposes. "Home" includes all of the surrounding land,

1unless the court sets off part of the land as severable from the remaining land under
2sub. (5).
AB75-SSA1, s. 3260 3Section 3260. 861.21 (2), (4) and (5) of the statutes are amended to read:
AB75-SSA1,1659,134 861.21 (2) Decedent's property interest in home. Subject to subs. (4) and (5),
5if a married decedent or decedent in a domestic partnership has a property interest
6in a home, the decedent's entire interest in the home shall be assigned to the
7surviving spouse or surviving domestic partner if the surviving spouse or surviving
8domestic partner
petitions the court requesting such a distribution and if a
9governing instrument does not provide a specific transfer of the decedent's interest
10in the home to someone other than the surviving spouse or surviving domestic
11partner
. The surviving spouse or surviving domestic partner shall file the petition
12within 6 months after the decedent's death, unless the court extends the time for
13filing.
AB75-SSA1,1659,23 14(4) Payment by surviving spouse or surviving domestic partner. The court
15shall assign the interest in the home under sub. (2) to the surviving spouse or
16surviving domestic partner
upon payment of the value of the decedent's interest in
17the home that does not pass to the surviving spouse or surviving domestic partner
18under intestacy or under a governing instrument. Payment shall be made to the
19fiduciary holding title to the interest. The surviving spouse or surviving domestic
20partner
may use assets due him or her from the fiduciary to satisfy all or part of the
21payment in kind. Unless the court extends the time, the surviving spouse or
22surviving domestic partner
shall have one year from the decedent's death to pay the
23value of the assigned interest.
AB75-SSA1,1660,5 24(5) Severance of home from surrounding land. On petition of the surviving
25spouse or surviving domestic partner or of any interested person that part of the land

1is not necessary for dwelling purposes and that it would be inappropriate to assign
2all of the surrounding land as the home under sub. (2), the court may set off for the
3home as much of the land as is necessary for a dwelling. In determining how much
4land should be set off, the court shall take into account the use and marketability of
5the parcels set off as the home and the remaining land.
AB75-SSA1, s. 3261 6Section 3261. 861.31 (1m), (2) and (4) (intro.) and (b) of the statutes are
7amended to read:
AB75-SSA1,1660,148 861.31 (1m) The court may, without notice or on such notice as the court
9directs, order payment by the personal representative or special administrator of an
10allowance as the court determines necessary or appropriate for the support of the
11surviving spouse or surviving domestic partner and any minor children of the
12decedent during the administration of the estate. The court shall consider the size
13of the probate estate, other resources available for support, the existing standard of
14living, and any other factors it considers relevant.
AB75-SSA1,1660,21 15(2) The court may order that an allowance be made to the spouse or surviving
16domestic partner
for support of the spouse or surviving domestic partner and any
17minor children of the decedent, or that separate allowances be made to the spouse
18or surviving domestic partner and to the minor children of the decedent or their
19guardian, if any, if the court finds separate allowances advisable. If there is no
20surviving spouse or surviving domestic partner, the court may order that an
21allowance be made to the minor children of the decedent or to their guardian, if any.
AB75-SSA1,1661,3 22(4) (intro.) The court may order that the allowance be charged against income
23or principal, either as an advance or otherwise, but the court may not order that an
24allowance for support of minor children of the decedent be charged against the
25income or principal interest of the surviving spouse or surviving domestic partner.

1The court may order that the allowance for support of the surviving spouse or
2surviving domestic partner
, not including any allowance for support of minor
3children of the decedent, be applied in satisfaction of any of the following:
AB75-SSA1,1661,54 (b) Any right of the surviving spouse or surviving domestic partner to elect
5under s. 861.02.
AB75-SSA1, s. 3262 6Section 3262. 861.33 (title) of the statutes is amended to read:
AB75-SSA1,1661,8 7861.33 (title) Selection of personalty by surviving spouse or surviving
8domestic partner
.
AB75-SSA1, s. 3263 9Section 3263. 861.33 (1) (a) (intro.) and 1. and (b) of the statutes are amended
10to read:
AB75-SSA1,1661,1411 861.33 (1) (a) (intro.) Subject to this section, in addition to all allowances and
12distributions, the surviving spouse or surviving domestic partner may file with the
13court a written selection of the following personal property, which shall then be
14transferred to the spouse or domestic partner by the personal representative:
AB75-SSA1,1661,1615 1. Wearing apparel and jewelry held for personal use by the decedent or the
16surviving spouse or surviving domestic partner;
AB75-SSA1,1661,2217 (b) The selection in par. (a) may not include items specifically bequeathed
18except that the surviving spouse or surviving domestic partner may in every case
19select the normal household furniture, furnishings, and appliances necessary to
20maintain the home. For this purpose antiques, family heirlooms, and collections that
21are specifically bequeathed are not classifiable as normal household furniture or
22furnishings.
AB75-SSA1, s. 3264 23Section 3264. 861.35 (title) of the statutes is amended to read:
AB75-SSA1,1661,25 24861.35 (title) Special allowance for support of spouse or domestic
25partner
and support and education of minor children.
AB75-SSA1, s. 3265
1Section 3265. 861.35 (1m), (2), (3) (a) and (4) of the statutes are amended to
2read:
AB75-SSA1,1662,103 861.35 (1m) If the decedent is survived by a spouse , domestic partner, or by
4minor children, the court may order an allowance for the support and education of
5each minor child until he or she reaches a specified age, not to exceed 18, and for the
6support of the spouse or domestic partner. This allowance may be made whether the
7estate is testate or intestate. If the decedent is not survived by a spouse or domestic
8partner
, the court also may allot directly to the minor children household furniture,
9furnishings, and appliances. The court may not order an allowance under this
10section if any of the following applies:
AB75-SSA1,1662,1311 (a) The decedent has amply provided for each minor child and for the spouse
12or domestic partner by the transfer of probate or nonprobate assets, or support and
13education have been provided for by any other means.
AB75-SSA1,1662,1614 (b) In the case of minor children, the surviving spouse or surviving domestic
15partner
is legally responsible for support and education and has ample means to
16provide them in addition to his or her own support.
AB75-SSA1,1662,1817 (c) In the case of the surviving spouse or surviving domestic partner, he or she
18has ample means to provide for his or her support.
AB75-SSA1,1663,2 19(2) The court may set aside property to provide an allowance and may appoint
20a trustee to administer the property, subject to the continuing jurisdiction of the
21court. If a child dies or reaches the age of 18, or if at any time the property held by
22the trustee is no longer required for the support of the spouse or domestic partner or
23the support and education of the minor child, any remaining property is to be
24distributed by the trustee as the court orders in accordance with the terms of the

1decedent's will or to the heirs of the decedent in intestacy or to satisfy unpaid claims
2of the decedent's estate.
AB75-SSA1,1663,5 3(3) (a) The effect on claims under s. 859.25. The court shall balance the needs
4of the spouse, domestic partner, or minor children against the nature of the creditors'
5claims in setting the amount allowed under this section.
AB75-SSA1,1663,8 6(4) The court may order that the allowance to the surviving spouse or surviving
7domestic partner
, not including any allowance for the support and education of minor
8children, be applied in satisfaction of any of the following:
AB75-SSA1,1663,109 (a) Any entitlement of the surviving spouse or surviving domestic partner
10under s. 853.12.
AB75-SSA1,1663,1211 (b) Any right of the surviving spouse or surviving domestic partner to elect
12under s. 861.02 (1).
AB75-SSA1, s. 3266 13Section 3266. 861.41 of the statutes is amended to read:
AB75-SSA1,1663,22 14861.41 Exemption of property to be assigned to surviving spouse or
15surviving domestic partner
. (1) After the amount of claims against the estate
16has been ascertained, the surviving spouse or surviving domestic partner may
17petition the court to set aside as exempt from the claims of creditors under s. 859.25
18(1) (h) an amount of property reasonably necessary for the support of the spouse or
19domestic partner
, not to exceed $10,000 in value, if it appears that the assets are
20insufficient to pay all claims and allowances and still leave the surviving spouse or
21surviving domestic partner
such an amount of property in addition to selection and
22allowances.
AB75-SSA1,1664,2 23(2) The court shall grant the petition if it determines that an assignment ahead
24of creditors is reasonably necessary for the support of the spouse or domestic partner.
25In determining the necessity and the amount of property to be assigned, the court

1must take into consideration the availability of a home to the surviving spouse or
2surviving domestic partner
and all other assets and resources available for support.
AB75-SSA1, s. 3267 3Section 3267. 867.01 (1) (b) and (3) (f) of the statutes are amended to read:
AB75-SSA1,1664,64 867.01 (1) (b) Whenever the estate, less the amount of the debts for which any
5property in the estate is security, does not exceed $50,000 in value and the decedent
6is survived by a spouse or domestic partner, or one or more minor children or both.
AB75-SSA1,1664,23 7(3) (f) Order. If the court is satisfied that the estate may be settled under this
8section, after 30 days have elapsed since notice to the department of health services
9under par. (d), if that notice is required, the court shall assign the property to the
10persons entitled to it. If the estate may be settled under sub. (1) (b), any property not
11otherwise assigned shall be assigned to the surviving spouse or surviving domestic
12partner,
or minor children or both as an allowance under s. 861.31. The court shall
13order any person indebted to or holding money or other property of the decedent to
14pay the indebtedness or deliver the property to the persons found to be entitled to
15receive it. The court shall order the transfer of interests in real estate, stocks or
16bonds registered in the name of the decedent, the title of a licensed motor vehicle, or
17any other form of property. If the decedent immediately prior to death had an estate
18for life or an interest as a joint tenant in any property in regard to which a certificate
19of termination in accordance with s. 867.04 has not been issued, the order shall set
20forth the termination of that life estate or the right of survivorship of any joint
21tenant. Every tract of real property in which an interest is assigned or terminated
22or which is security for a debt in which an interest is assigned or terminated shall
23be specifically described.
AB75-SSA1, s. 3269 24Section 3269. 895.04 (2) and (6) of the statutes are amended to read:
AB75-SSA1,1665,24
1895.04 (2) If the deceased leaves surviving a spouse or domestic partner under
2ch.770, and domestic partner under s. 770.05,
and minor children under 18 years of
3age with whose support the deceased was legally charged, the court before whom the
4action is pending, or if no action is pending, any court of record, in recognition of the
5duty and responsibility of a parent to support minor children, shall determine the
6amount, if any, to be set aside for the protection of such children after considering the
7age of such children, the amount involved, the capacity and integrity of the surviving
8spouse or surviving domestic partner, and any other facts or information it may have
9or receive, and such amount may be impressed by creation of an appropriate lien in
10favor of such children or otherwise protected as circumstances may warrant, but
11such amount shall not be in excess of 50% of the net amount received after deduction
12of costs of collection. If there are no such surviving minor children, the amount
13recovered shall belong and be paid to the spouse or domestic partner of the deceased;
14if no spouse or domestic partner survives, to the deceased's lineal heirs as determined
15by s. 852.01; if no lineal heirs survive, to the deceased's brothers and sisters. If any
16such relative dies before judgment in the action, the relative next in order shall be
17entitled to recover for the wrongful death. A surviving nonresident alien spouse or
18a nonresident alien domestic partner under ch. 770
and minor children shall be
19entitled to the benefits of this section. In cases subject to s. 102.29 this subsection
20shall apply only to the surviving spouse's or surviving domestic partner's interest in
21the amount recovered. If the amount allocated to any child under this subsection is
22less than $10,000, s. 807.10 may be applied. Every settlement in wrongful death
23cases in which the deceased leaves minor children under 18 years of age shall be void
24unless approved by a court of record authorized to act hereunder.
AB75-SSA1,1666,6
1(6) Where the wrongful death of a person creates a cause of action in favor of
2the decedent's estate and also a cause of action in favor of a spouse , domestic partner
3under ch. 770,
or relatives as provided in this section, such spouse, domestic partner,
4or relatives may waive and satisfy the estate's cause of action in connection with or
5as part of a settlement and discharge of the cause of action of the spouse, domestic
6partner,
or relatives.
AB75-SSA1, s. 3270 7Section 3270. 895.045 (1) (title) of the statutes is repealed.
AB75-SSA1, s. 3271 8Section 3271. 895.045 (1) of the statutes is renumbered 895.045 and amended
9to read:
AB75-SSA1,1667,2 10895.045 Contributory negligence. Contributory negligence does not bar
11recovery in an action by any person or the person's legal representative to recover
12damages for negligence resulting in death or in injury to the person or property, if
13that negligence was not greater than the combined negligence of all of the person
14persons against whom recovery is sought who are liable in tort to the person
15recovering and of any person with whom the person recovering has settled
, but any
16damages allowed shall be diminished in the proportion to the amount of negligence
17attributed to the person recovering. The negligence of the plaintiff shall be measured
18separately against the negligence of each person found to be causally negligent

19Except for persons who have settled with the plaintiff, the trier of fact may not
20compare the negligence of the person recovering with the negligence of any person
21who is not a party to the action to recover damages
. The liability of each person found
22to be causally negligent whose percentage of causal negligence is less than 51% 20
23percent
is limited to the percentage of the total causal negligence attributed to that
24person. A person found to be causally negligent whose percentage of causal

1negligence is 51% 20 percent or more shall be jointly and severally liable for the
2damages allowed.
AB75-SSA1, s. 3272 3Section 3272. 895.045 (2) of the statutes is repealed.
AB75-SSA1, s. 3272m 4Section 3272m. 895.446 (4) of the statutes is amended to read:
AB75-SSA1,1667,75 895.446 (4) Any recovery under this section shall be reduced by the amount
6recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act
7or as recompense under s. 969.13 (5) (a) for the same act.
AB75-SSA1, s. 3273 8Section 3273. 895.485 (title) of the statutes is amended to read:
AB75-SSA1,1667,10 9895.485 (title) Civil liability exemption; agencies, foster parents,
10treatment foster parents
and family-operated group home parents.
AB75-SSA1, s. 3274 11Section 3274. 895.485 (1) (c) of the statutes is repealed.
AB75-SSA1, s. 3275 12Section 3275. 895.485 (2) (intro.) of the statutes is amended to read:
AB75-SSA1,1667,1513 895.485 (2) (intro.) Except as provided in ss. 167.10 (7) and 343.15 (2), any
14foster, treatment foster or family-operated group home parent licensed under s.
1548.62 or 48.625 is immune from civil liability for any of the following:
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