AB645: Bill Text

AB645,24,8 851.55 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.

AB645, s. 99 Section 99. 852.01 (1) (intro.) of the statutes is amended to read:

AB645,24,14 852.01 (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:

AB645, s. 100 Section 100. 852.01 (1) (b) and (d) of the statutes are amended to read:

AB645,24,20 852.01 (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.

AB645,24,22 (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.

AB645, s. 101 Section 101. 852.01 (1) (e) of the statutes is repealed.

AB645, s. 102 Section 102. 852.01 (1) (f) of the statutes is renumbered 852.01 (1) (f) (intro.) and amended to read:

AB645,25,2 852.01 (1) (f) (intro.) If there is no surviving spouse, issue, parent or issue of a parent, to the grandparents and their issue as follows:

AB645, s. 103 Section 103. 852.01 (1) (f) 1. of the statutes is created to read:

AB645,25,6 852.01 (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.

AB645, s. 104 Section 104. 852.01 (1) (f) 2. of the statutes is created to read:

AB645,25,9 852.01 (1) (f) 2. One-half to the paternal relations in the same manner as to the maternal relations under subd. 1.

AB645, s. 105 Section 105. 852.01 (1) (f) 3. of the statutes is created to read:

AB645,25,13 852.01 (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.

AB645, s. 106 Section 106. 852.01 (1) (g) of the statutes is repealed.

AB645, s. 107 Section 107. 852.01 (2) of the statutes is repealed and recreated to read:

AB645,25,17 852.01 (2) Survivorship requirement. Survivorship under sub. (1) is determined as provided in s. 854.03.

AB645, s. 108 Section 108. 852.01 (2m) of the statutes is repealed and recreated to read:

AB645,25,20 852.01 (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.

AB645, s. 109 Section 109. 852.03 (1) of the statutes is repealed and recreated to read:

AB645,25,23 852.03 (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.

AB645, s. 110 Section 110. 852.03 (2) of the statutes is repealed.

AB645, s. 111 Section 111. 852.03 (3) of the statutes is repealed and recreated to read:

AB645,26,2 852.03 (3) Relatives of the half blood. Inheritance rights of relatives of the half blood are governed by s. 854.21 (4).

AB645, s. 112 Section 112. 852.03 (4) of the statutes is repealed and recreated to read:

AB645,26,5 852.03 (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).

AB645, s. 113 Section 113. 852.03 (5) and (6) of the statutes are created to read:

AB645,26,8 852.03 (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).

AB645,26,11 (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.

AB645, s. 114 Section 114. 852.05 (1) of the statutes is renumbered 852.05 (1) (intro.) and amended to read:

AB645,26,16 852.05 (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:

AB645,26,19 (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.

AB645,26,20 (b) The father has admitted in open court that he is the father, or.

AB645,26,22 (c) The father has acknowledged himself to be the father in writing signed by him.

AB645, s. 115 Section 115. 852.05 (2) of the statutes is amended to read:

AB645,27,2 852.05 (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.

AB645, s. 116 Section 116. 852.05 (3) of the statutes is amended to read:

AB645,27,6 852.05 (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.

AB645, s. 117 Section 117. 852.05 (4) of the statutes is created to read:

AB645,27,8 852.05 (4) Section 895.01 (1) applies to paternity proceedings under ch. 767.

AB645, s. 118 Section 118. 852.09 of the statutes is repealed and recreated to read:

AB645,27,12 852.09 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.

AB645, s. 119 Section 119. 852.10 of the statutes is created to read:

AB645,27,16 852.10 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.

AB645,27,20 (2) If part of the testator's estate passes by intestacy, 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.

AB645,27,22 (3) This section does not apply if the individual or all members of the class described in sub. (1) predecease the testator.

AB645, s. 120 Section 120. 852.11 of the statutes is repealed and recreated to read:

AB645,27,25 852.11 Advancement. The effect of a lifetime gift by the decedent on the intestate share of an heir is governed by s. 854.09.

AB645, s. 121 Section 121. 852.12 of the statutes is created to read:

AB645,28,6 852.12 Debts to decedent. If an heir owes a debt to the decedent, the debt shall be charged against the intestate share of the debtor, regardless of whether the debt has been discharged in bankruptcy. If the debtor fails to survive the decedent, the debt shall not be taken into account in computing the intestate shares of the debtor's issue.

AB645, s. 122 Section 122. 852.13 of the statutes is amended to read:

AB645,28,10 852.13 Right to disclaim intestate share. Any person to whom property would otherwise pass under s. 852.01 may disclaim all or part of the property as provided under s. 853.40 854.13.

AB645, s. 123 Section 123. Subchapter I (title) of chapter 853 [precedes 853.01] of the statutes is created to read:

AB645,28,13 Chapter 853

AB645,28,15 Subchapter I General rules

AB645, s. 124 Section 124. 853.03 (intro.) of the statutes is amended to read:

AB645,28,18 853.03 Execution of wills. (intro.) Every will in order to be validly executed must be in writing and executed with all of the following formalities:

AB645, s. 125 Section 125. 853.03 (1) of the statutes is amended to read:

AB645,28,24 853.03 (1) It must be signed by the testator, by the testator with the assistance of another person with the testator's consent or in the testator's name by one of the witnesses or some other another person at the testator's express direction and in the testator's conscious presence, such a proxy signing either to take place or to be acknowledged by the testator in the presence of the witnesses; and .

AB645, s. 126 Section 126 . 853.03 (2) of the statutes is renumbered 853.03 (2) (intro.) and amended to read:

AB645,29,5 853.03 (2) (intro.) It must be signed by 2 or more witnesses in the presence of the testator and in the presence of each other., each of whom signed within a reasonable time after witnessing any of the following:

AB645, s. 127 Section 127. 853.03 (2) (a), (b) and (c) of the statutes are created to read:

AB645,29,7 853.03 (2) (a) The signing of the will as provided under sub. (1).

AB645,29,9 (b) The testator's implicit or explicit acknowledgement, within the witness' conscious presence, of the testator's signature on the will.

AB645,29,11 (c) The testator's implicit or explicit acknowledgement, within the witness' conscious presence, of the will.

AB645, s. 128 Section 128. 853.04 of the statutes is created to read:

AB645,29,18 853.04 Self-proved will. (1) One-step procedure. A will may be simultaneously executed, attested and made self-proved by acknowledgment by the testator and affidavits of the witnesses. The acknowledgment and affidavits must be made before an officer authorized to administer oaths under the laws of the state in which execution occurs and must be evidenced by the officer's certificate, under official seal, in substantially the following form:

AB645,29,20 (a) I, ...., the testator, sign my name to this instrument this .... day of ...., and being first duly sworn, declare to the undersigned authority all of the following:

AB645,29,21 1. I sign and execute this instrument as my will.

AB645,29,22 2. I sign this will willingly (or willingly direct another to sign for me).

AB645,29,24 3. I execute this will as my free and voluntary act for the purposes expressed therein.

AB645,30,2 4. I am 18 years of age or older, of sound mind and under no constraint or undue influence.

AB645,30,3 Testator: ....

AB645,30,5 (b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this instrument and declare to the undersigned authority all of the following:

AB645,30,6 1. The testator signs and executes this instrument as his or her will.

AB645,30,8 2. The testator signs it willingly (or willingly directs another to sign for him or her).

AB645,30,10 3. Each of us, in the conscious presence of the testator, hereby signs this will as witness.

AB645,30,12 4. To the best of our knowledge, the testator is 18 years of age or older, of sound mind and under no constraint or undue influence.

AB645,30,13 Witness: ....

AB645,30,14 Witness: ....

AB645,30,15 State of ....

AB645,30,16 County of ....

AB645,30,18 (c) Subscribed, sworn to and acknowledged before me by ...., the testator, and subscribed and sworn before me by ...., and ...., witnesses, this .... day of ...., .....

AB645,30,19 (Seal) ....

AB645,30,20 (Signed): ....

AB645,30,21 (Official capacity of officer): ....

AB645,31,2 (2) Two-step procedure. An attested will may be made self-proved at any time after its execution by the acknowledgment by the testator and the affidavits of the witnesses. The acknowledgment and affidavit must be made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and must be evidenced by the officer's certificate, under official seal, attached or annexed to the will in substantially the following form:

AB645,31,3 State of ....