AB645,95,220
861.31
(2) The allowance may be made to the spouse for support of the spouse
21and any
minor dependent children
of the decedent, or separate allowances may be
22made to the spouse and to the
minor dependent children
of the decedent or their
23guardian
if the minor children do not reside with the surviving spouse or if for any
24other reason, if any, if the court finds separate allowances advisable. If there is no
1surviving spouse the allowance may be made to the
minor dependent children
of the
2decedent or to their guardian
, if any.
AB645, s. 198
3Section
198. 861.31 (4) of the statutes is amended to read:
AB645,95,104
861.31
(4) The court may direct that the allowance be charged against income
5or principal, either as an advance or otherwise, but in no event may an allowance for
6support of
minor dependent children
of the decedent be charged against the income
7or principal interest of the surviving spouse. The court may direct that the allowance
8for support of the surviving spouse, not including any allowance for support of
minor 9dependent children, be applied against any right of the surviving spouse to elect
10under
ss. s. 861.02
(1) and 861.03.
AB645, s. 199
11Section
199. 861.33 (title) of the statutes is amended to read:
AB645,95,12
12861.33 (title)
Selection of personalty by surviving spouse or children.
AB645, s. 200
13Section
200. 861.33 (1) (a) (intro.) of the statutes is amended to read:
AB645,95,1814
861.33
(1) (a) (intro.) Subject to this section, in addition to all allowances and
15distributions, the surviving spouse
, or if there is no surviving spouse the decedent's
16children, may file with the court a written selection of the following personal
17property, which shall thereupon be transferred to the spouse
or children by the
18personal representative:
AB645, s. 201
19Section
201. 861.33 (1) (a) 4. of the statutes is amended to read:
AB645,95,2120
861.33
(1) (a) 4. Other tangible personalty not used in trade, agriculture or
21other business, not to exceed
$1,000 $3,000 in inventory value.
AB645, s. 202
22Section
202. 861.33 (1) (b) of the statutes is amended to read:
AB645,96,323
861.33
(1) (b) The selection in par. (a) may not include items specifically
24bequeathed except that the surviving spouse
or children may in every case select the
25normal household furniture, furnishings and appliances necessary to maintain the
1home. For this purpose antiques, family heirlooms and collections which are
2specifically bequeathed are not classifiable as normal household furniture or
3furnishings.
AB645, s. 203
4Section
203. 861.33 (1) (c) of the statutes is created to read:
AB645,96,85
861.33
(1) (c) If there is no surviving spouse and the selection is being made
6by fewer than all of the decedent's children, the child or children selecting the
7property must have the written consent of all of the other children, or the selection
8must be approved by the court.
AB645, s. 204
9Section
204. 861.33 (2) of the statutes is amended to read:
AB645,96,1510
861.33
(2) If it appears that claims may not be paid in full, the court may upon
11petition of any creditor limit the transfer of personalty to the spouse
or children 12under this section to items not exceeding
$3,000
$5,000 in aggregate inventory value
13until such time as claims are paid in full or the court otherwise orders; or the court
14may require the spouse
or children to retransfer property in excess of
$3,000 $5,000 15or, at the option of the spouse
or children, pay the excess in value over this amount.
AB645, s. 205
16Section
205. 861.33 (3) of the statutes is amended to read:
AB645,96,2117
861.33
(3) The surviving spouse
or children may select items not specifically
18bequeathed of the type specified under sub. (1) (a) 4. exceeding in value the
$1,000 19$3,000 limit or obtain the transfer of items exceeding the limit set by the court under
20sub. (2), by paying to the personal representative the excess of inventory value over
21the respective limit.
AB645, s. 206
22Section
206. 861.33 (4) of the statutes is amended to read:
AB645,97,323
861.33
(4) The Subject to sub. (1) (c), the personal representative has power,
24without court order, to execute appropriate documents to effect transfer of title to any
25personal property selected by the spouse
or children under this section. A person
1may not question the validity of the documents of transfer or refuse to accomplish
2the transfer on the grounds that the personal representative is also the surviving
3spouse
or the only child of the decedent.
AB645, s. 207
4Section
207. 861.35 (title) of the statutes is amended to read:
AB645,97,6
5861.35 (title)
Special allowance for support of spouse and support and
6education of minor dependent children.
AB645, s. 208
7Section
208. 861.35 (1) of the statutes is renumbered 861.35 (1m), and 861.35
8(1m) (intro.) and (b), as renumbered, are amended to read:
AB645,97,169
861.35
(1m) (intro.) If the decedent is survived by a spouse or by
minor 10children, the court may order an allowance for the support and education of each
11minor child until he or she reaches a specified age, not to exceed 18, dependent child 12and for the support of the spouse. This allowance may be made whether the estate
13is testate or intestate. If the decedent is not survived by a spouse, the court also may
14allot directly to
the minor any of the dependent children household furniture,
15furnishings and appliances. No allowance may be made under this section if any of
16the following apply:
AB645,97,1917
(b) In the case of
minor dependent children, if the surviving spouse is legally
18responsible for support and education and has ample means to provide them in
19addition to his or her own support.
AB645, s. 209
20Section
209. 861.35 (1c) of the statutes is created to read:
AB645,97,2221
861.35
(1c) In this section, "dependent child" has the meaning given in s.
22861.31 (1c).
AB645, s. 210
23Section
210. 861.35 (2) of the statutes is amended to read:
AB645,98,624
861.35
(2) The court may set aside property to provide an allowance and may
25appoint a trustee to administer the property, subject to the continuing jurisdiction
1of the court. If
a child dies or reaches 18, or if at any time the property held by the
2trustee is no longer required for the support of the spouse or the support and
3education of
the minor any dependent child, any remaining property is to be
4distributed by the trustee as directed by the court in accordance with the terms of
5the decedent's will or to the heirs of the decedent in intestacy or to satisfy unpaid
6claims of the decedent's estate.
AB645, s. 211
7Section
211. 861.35 (3) of the statutes is renumbered 861.35 (3) (intro.) and
8amended to read:
AB645,98,109
861.35
(3) (intro.) In making an allowance under this section, the court shall
10consider
the all of the following:
AB645,98,14
11(a) The effect on claims under s. 859.25
and. The court shall balance the needs
12of the spouse or
minor child dependent children against the nature of the creditors'
13claims in setting the amount allowed
hereunder. The court shall also consider the 14under this section.
AB645,98,15
15(b) The size of the estate
, other.
AB645,98,16
16(c) Other resources available for support
, the.
AB645,98,17
17(d) The existing standard of living
and any.
AB645,98,18
18(f) Any other factors
it that the court considers relevant.
AB645,98,22
19(4) The court may direct that the allowance to the surviving spouse, not
20including any allowance for the support and education of
minor dependent children,
21be applied against any right of the surviving spouse to elect under
ss. s. 861.02 (1)
22and 861.03.
AB645, s. 212
23Section
212. 861.35 (3) (e) of the statutes is created to read:
AB645,98,2524
861.35
(3) (e) Whether the provisions of a marital property agreement will
25create a hardship for the surviving spouse.
AB645, s. 213
1Section
213. 861.41 (3) and (4) of the statutes are repealed.
AB645, s. 214
2Section
214. 861.43 of the statutes is created to read:
AB645,99,8
3861.43 Authority and powers of conservator, guardian or agent. A
4conservator, guardian or guardian ad litem of the spouse or of a child of the decedent,
5or an agent of the spouse or of a child of the decedent acting under a power of attorney,
6may on behalf of the spouse or child exercise any of the rights, apply for any of the
7allowances or make any of the selections that apply to the spouse or child under this
8subchapter.
AB645, s. 215
9Section
215. 863.11 of the statutes is repealed and recreated to read:
AB645,99,11
10863.11 Order in which assets appropriated; abatement. Shares of
11distributees abate in accordance with the rules under s. 854.18.
AB645, s. 216
12Section
216. 863.13 of the statutes is repealed and recreated to read:
AB645,99,15
13863.13 No exoneration of encumbered property. Specifically devised
14property that is subject to a mortgage or other encumbrance is subject to the rules
15under s. 854.05.
AB645, s. 217
16Section
217. 863.37 (1) of the statutes is amended to read:
AB645,99,2317
863.37
(1) If the laws, executive orders or regulations of the United States
18prohibit payment, conveyance, transfer, assignment or delivery of property
or
19interest therein to a legatee, devisee, ward or beneficiary of an estate or trust, or to
20any person on his or her behalf, the court, after notice to the person under s. 879.03,
21may
, by judgment or decree
, authorize such disposition of the property
or interest
22therein, as is or may be permissible under or in conformity with the laws, executive
23orders or regulations of the United States.
AB645, s. 218
24Section
218. 880.32 of the statutes is amended to read:
AB645,100,15
1880.32 Notes and mortgages of minor veterans. Notwithstanding any
2provision of this chapter or any other law to the contrary, any minor who served in
3the active armed forces of the United States at any time after August 27, 1940, and
4the husband or wife of such minor may execute in his or her own right, notes or
5mortgages, the payment of which is guaranteed or insured by the U.S. department
6of veterans affairs or the federal housing administrator under the servicemen's
7readjustment act of 1944 or the national housing act or any acts supplementary
8thereto or amendatory thereof. In connection with such transactions, such minors
9may sell, release or convey such mortgaged property
or any interest therein, and
10litigate or settle controversies arising therefrom, including the execution of releases,
11deeds and other necessary papers or instruments. Such notes, mortgages, releases,
12deeds and other necessary papers or instruments when so executed shall not be
13subject to avoidance by such minor or the husband or wife of such minor upon either
14or both of them attaining the age of 18 because of the minority of either or both of
15them at the time of the execution thereof.
AB645, s. 219
16Section
219. 880.695 (1) of the statutes is amended to read:
AB645,101,317
880.695
(1) A person nominated under s. 880.62 or designated under s. 880.65
18as custodian may decline to serve by delivering a valid disclaimer under s.
701.27,
19in the case of a nontestamentary disclaimer, or under s. 853.40 if other than a
20nontestamentary disclaimer, 854.13 to the person who made the nomination or to the
21transferor or the transferor's legal representative. If the event giving rise to a
22transfer has not occurred and no substitute custodian able, willing and eligible to
23serve was nominated under s. 880.62, the person who made the nomination may
24nominate a substitute custodian under s. 880.62; otherwise the transferor or the
25transferor's legal representative shall designate a substitute custodian at the time
1of the transfer, in either case from among the persons eligible to serve as custodian
2for that kind of property under s. 880.65 (1). The custodian so designated has the
3rights of a successor custodian.
AB645, s. 220
4Section
220. 895.43 of the statutes is repealed and recreated to read:
AB645,101,7
5895.43 Intentional killing by beneficiary of contract. The rights of a
6beneficiary of a contractual arrangement who kills the principal obligee under the
7contractual arrangement are governed by s. 854.14.
AB645, s. 221
8Section
221. 895.435 of the statutes is repealed and recreated to read:
AB645,101,11
9895.435 Intentional killing by beneficiary of certain death benefits. 10The rights of a beneficiary to receive benefits payable by reason of the death of an
11individual killed by the beneficiary are governed by s. 854.14.
AB645,101,1413
(1) This act first applies to deaths occurring on January 1, 1999, except with
14respect to irrevocable governing instruments executed before that date.