AB933: Bill Text

AB933,12,8 (1m) Undistributed personal property belonging to the estate of a person deceased decedent shall be assessed to the executor or administrator if one shall have as follows:

AB933,12,11 (a) If a personal representative has been appointed and qualified, on the first day of January in the year in which the assessment is made, otherwise it the property shall be assessed to the personal representative.

AB933,12,18 (b) If a personal representative has not been appointed and qualified, on the first day of January in the year in which the assessment is made, the property may be assessed to the decedent's estate of such deceased person, and the. The tax thereon on the property shall be paid by the executor or administrator personal representative if one be thereafter is subsequently appointed, otherwise or by the person or persons in possession of such the property at the time of the assessment if a personal representative is not appointed.

Note: Subdivides provision, reorders text, and inserts specific references to improve readability and conformity with current style.

AB933, s. 20 Section 20. 70.22 (1) of the statutes is amended to read:

AB933,13,11 70.22 (1) In case one or more of 2 or more executors of the will or administrators personal representatives or trustees of the estate of a decedent whose domicile at the time of the decedent's death was who died domiciled in this state are not residents of the state, the taxable personal property belonging to the estate shall be assessed to the executors, administrators personal representatives or trustees residing in this state. In case there are 2 or more executors, administrators personal representatives or trustees of the same estate residing in this state, but in different taxation districts, the assessment of the taxable personal property belonging to the estate shall be in the name names of all of the executors, administrators personal representatives or trustees of the estate residing in this state. In case the executor, administrator no personal representative or trustee, or all of them if more than one, do not reside resides in this state, the taxable personal property belonging to the estate may be assessed in the name of the executors or administrators personal representative or trustee, or in the names of all of the personal representatives or trustees if there are more than one, or in the name of the estate.

Note: Reorders text and eliminates unnecessary language. In the last sentence, "trustee" is added for internal consistency.

AB933, s. 21 Section 21. 70.22 (2) (b) of the statutes is amended to read:

AB933,13,17 70.22 (2) (b) Before allowing the final account of a nonresident executor, administrator personal representative or trustee, the court shall ascertain whether there are or will be any taxes remaining unpaid or to be paid on account of personal property belonging to the estate, and shall make any order or direction that is necessary to provide for the payment of the taxes.

AB933, s. 22 Section 22. 70.22 (3) of the statutes is amended to read:

AB933,13,22 70.22 (3) The provisions of this section shall not impair or affect any remedy given by other provisions of law for the collection or enforcement of taxes upon personal property assessed to executors, administrators personal representatives or trustees.

AB933, s. 23 Section 23. 70.36 (1) of the statutes is amended to read:

AB933,14,12 70.36 (1) Any person, firm or corporation in this state owning or holding any personal property of any nature or description that is subject to assessment, individually or as agent, trustee, guardian, administrator, executor personal representative, assignee, or receiver or in some other representative capacity, which property is subject to assessment, who shall intentionally make makes a false statement to the assessor of that person's, firm's or corporation's assessment district or to the board of review thereof of the assessment district with respect to such the property, or who shall omit omits any property from any return required to be made under s. 70.35, with the intent of avoiding the payment of the just and proportionate taxes thereon on the property, shall forfeit the sum of $10 for every $100 or major fraction thereof of $100 so withheld from the knowledge of such the assessor or board of review.

Note: Reorders text, inserts specific references, and eliminates unnecessary language.

AB933, s. 24 Section 24. 71.03 (2) (b) of the statutes is amended to read:

AB933,14,16 71.03 (2) (b) Deceased person. The executor, administrator personal representative or other person charged with the property of a decedent shall file a the return of such individual the decedent required under this section.

AB933, s. 25 Section 25. 71.13 (2) (a) and (b) of the statutes are amended to read:

AB933,14,21 71.13 (2) (a) An executor, administrator, A personal representative or trustee applying to a court having jurisdiction for a discharge of his or her trust and a final settlement of his or her accounts, before his or her the application is granted, shall file all of the following with the department:

AB933,15,2 1. Returns of income received by the deceased decedent, any previous guardian, executor, administrator, personal representative, or trustee, during each of the years open to assessment under s. 71.77, if such the returns had not theretofore previously been filed, including a return of income for the year of death to the date of death.

AB933,15,5 2. Returns of income received during the period of his or her the personal representative's or trustee's administration or trust except for the final income tax year of the estate or trust.

AB933,15,8 3. Gift tax returns or reports, sales and use tax returns, and withholding returns or reports which that were required to be filed, if not theretofore previously filed.

AB933,15,23 (b) Upon receipt of such the returns described in par. (a), the department shall immediately determine the amount of taxes including interest, penalties , and costs to be payable, as well as any delinquent income, withholding, sales, use, and gift taxes, penalties, interest, and costs due, and shall certify such those amounts to the court. The court shall thereupon then enter an order directing the executor, administrator, personal representative or trustee to pay the amounts found to be due by the department and take its the department's receipt therefor for the amount paid. The receipt shall be evidence of the payment and shall be filed with the court before a final distribution of the estate or trust is ordered and the executor, administrator, personal representative or trustee is discharged. The filing of such the receipt shall in no manner affect the obligation of the executor, administrator, personal representative or trustee to file income, sales, and withholding returns covering transactions reportable during the final taxable year of the estate or trust and to pay income, sales, use and withholding taxes, penalties, interest , and costs due as the result of such transactions.

AB933, s. 26 Section 26. 71.15 (2) of the statutes is amended to read:

AB933,16,10 71.15 (2) A personal exemption for the decedent under s. 71.07 (8) shall not be allowed the executor or administrator personal representative, except against the tax on income of the decedent in the year of death. If the decedent would have been entitled to an exemption for the decedent's spouse or a dependent under s. 71.07 (8), had the decedent lived, such the exemption shall be allowed to the executor or administrator personal representative so long as over one-half of the support of the spouse or dependent is supplied by the decedent or by the executor or administrator personal representative from the decedent's estate and the gross income of the spouse or dependent for the calendar year in which the taxable year of the executor or administrator personal representative begins is less than $500.

AB933, s. 27 Section 27. 71.17 (3) of the statutes is renumbered 71.17 (3) (intro.) and amended to read:

AB933,16,18 71.17 (3) Liability for payment of taxes due from decedent. (intro.) Any income, withholding, sales, use, or gift taxes, penalties, interest, and costs found to be due from a decedent, an estate, or a trust for any of the years open to assessment under s. 71.77 and any delinquent income, withholding, sales, use, or gift taxes, penalties, interest, and costs found to be due shall be assessed against and paid by the executor, administrator, one of the following:

AB933,16,21 (a) The personal representative or trustee; any of such items found to be due after the executor, administrator, personal representative or trustee is discharged shall be assessed against and paid by the.

AB933,16,24 (b) The beneficiaries, in the same ratio that their interest in the estate or trust bears to the total estate or trust, if found to be due after the personal representative or trustee is discharged.

AB933, s. 28 Section 28 . 71.80 (12) (title) of the statutes is amended to read:

AB933,17,2 71.80 (12) (title) Department deemed considered lawful attorney for nonresident.

AB933, s. 29 Section 29 . 71.80 (12) (a) of the statutes is renumbered 71.80 (12) (a) (intro.) and amended to read:

AB933,17,9 71.80 (12) (a) (intro.) The transaction of business or the performance of personal services in this state or the derivation of income from property the income from which has a taxable situs in this state by any nonresident person, except where the nonresident is a foreign corporation that has been licensed pursuant to under ch. 180, shall be deemed all of the following:

AB933,17,20 1. Considered an irrevocable appointment by such person the nonresident, binding upon that person, that person's executor, administrator or the nonresident or the nonresident's personal representative, of the department of financial institutions to be that person's the nonresident's lawful attorney upon whom may be served any notice, order, pleading, or process (, including without limitation by enumeration any notice of assessment, denial of application for abatement, or denial of claim for refund), by any administrative agency or in any proceeding by or before any administrative agency, or in any proceeding or action in any court, to enforce or effect full compliance with or involving the provisions of this chapter. The transaction of business, the performance of personal services or derivation of income from such property in this state shall be

AB933,17,25 2. A signification of that person's the nonresident's agreement that any such notice, order, pleading, or process which described in subd. 1. that is so served shall be of the same legal force and validity as if served on that person the nonresident personally, or upon that person's executor, administrator or on the nonresident's personal representative.

AB933, s. 30 Section 30 . 71.80 (12) (b) of the statutes is renumbered 71.80 (12) (b) (intro.) and amended to read:

AB933,18,5 71.80 (12) (b) (intro.) The transaction of business in this state or the derivation of income which that has a situs in this state under the provisions of this chapter by any person while a resident of this state shall be deemed all of the following:

AB933,18,16 1. Considered an irrevocable appointment by such that person, binding upon that person, or that person's executor, administrator or personal representative, effective upon such that person becoming a nonresident of this state, of the department of financial institutions to be that person's true and lawful attorney upon whom may be served any notice, order, pleading, or process (, including without limitation by enumeration any notice of assessment, denial of application for abatement, or denial of claim for refund) , by any administrative agency or in any proceeding by or before an administrative agency, or in any proceeding or action in any court, to enforce or effect full compliance with or involving the provisions of this chapter. And the transaction of such business or the derivation of such income shall be a

AB933,18,20 2. A signification of that person's agreement that any such notice, order, pleading, or process which described in subd. 1. that is so served shall be of the same legal force and validity as if served on that person personally, or upon that person's executor, administrator or personal representative.

AB933, s. 31 Section 31 . 71.80 (12) (c) of the statutes is renumbered 71.80 (12) (c) 1. and amended to read:

AB933,19,2 71.80 (12) (c) 1. Service under par. (a) 1. or (b) 1. shall be made by serving a copy of the notice, order, pleading, or process upon the department of financial institutions or by filing such a copy of the notice, order, pleading, or process with the department of financial institutions, and such service shall be sufficient service.

AB933,19,5 2. Service under subd. 1. upon such a person, or that person's executor, administrator or personal representative, shall be sufficient if all of the following conditions are met:

AB933,19,10 a. Within 10 days of completion of service, notice of such the service and a copy of the served notice, order, pleading, or process are within 10 days thereafter sent by mail by the state department, officer, or agency making such the service to such the person, or that person's executor, administrator or personal representative, at that person's last-known address, and that an.

AB933,19,12 b. An affidavit of compliance herewith with this paragraph is filed with the department of financial institutions.

AB933,19,16 3. The department of financial institutions shall keep a record of all such notices, orders, pleadings, processes, and affidavits and shall note served upon or filed with it under this section, noting in such the record the day and hour of service upon the department or filing.

Note: In Sections 29 , 30, and 31, the text is reordered to accommodate the subdivision of this provision and to improve sentence structure.

AB933, s. 32 Section 32. 71.91 (6) (g) 2. of the statutes is amended to read:

AB933,20,2 71.91 (6) (g) 2. The owners of any real property sold under par. (f), their heirs, executors or administrators or personal representatives, or any person having an interest in or a lien on that property, or any person in on behalf of a person specified in this subdivision may redeem the property sold, or any part of that property, within 120 days after the sale by payment to the purchaser or, if the purchaser cannot be found in the county in which the property to be redeemed is situated, then to the department, for the use of the purchaser or the purchaser's heirs or assigns, the amount paid by the purchaser and interest at the rate of 18% per year.

AB933, s. 33 Section 33. 77.51 (10) of the statutes is amended to read:

AB933,20,12 77.51 (10) "Person" includes any natural person, firm, partnership, limited liability company, joint venture, joint stock company, association, public or private corporation, the United States, the state of Wisconsin, including any unit or division thereof of the state, any county, city, village, town, municipal utility, municipal power district or other governmental unit, cooperative, estate, trust, receiver, executor, administrator personal representative, any other fiduciary, and any representative appointed by order of any court or otherwise acting on behalf of others. "Person" also includes the owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB933, s. 34 Section 34. 100.18 (3m) of the statutes is amended to read:

AB933,20,23 100.18 (3m) It is deceptive advertising to represent the retailing of merchandise to be a selling-out or closing-out sale if the merchandise is not of a bankrupt, insolvent, assignee, liquidator, adjuster, administrator, trustee, executor personal representative, receiver, wholesaler, jobber, manufacturer, or of any business that is in liquidation, that is closing out, closing, or disposing of its stock, that has lost its lease or has been or is being forced out of business , or that is disposing of stock on hand because of damage by fire, water, or smoke. This subsection does not apply to any "closing-out sale" of seasonable merchandise or any merchandise having a designated model year if the person conducting the sale is continuing in business.

AB933, s. 35 Section 35. 100.20 (1m) of the statutes is amended to read:

AB933,21,10 100.20 (1m) It is an unfair trade method of competition in business to represent the retailing of merchandise to be a selling-out or closing-out sale if the merchandise is not of a bankrupt, insolvent, assignee, liquidator, adjuster, administrator, trustee, executor personal representative, receiver, wholesaler, jobber, manufacturer, or of any business that is in liquidation, that is closing out, closing, or disposing of its stock, that has lost its lease or has been or is being forced out of business, or that is disposing of stock on hand because of damage by fire, water, or smoke. This subsection does not apply to any "closing-out sale" of seasonable merchandise or any merchandise having a designated model year if the person conducting the sale is continuing in business.

AB933, s. 36 Section 36. 101.91 (3) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB933,21,15 101.91 (3) (a) A receiver, trustee, administrator, executor personal representative, guardian, or other person appointed by or acting under the judgment or order of any court.

AB933, s. 37 Section 37. 101.9211 (4) (a) 1. of the statutes is amended to read:

AB933,21,21 101.9211 (4) (a) 1. Evidence satisfactory to the department of the appointment of a trustee in bankruptcy or of the issuance of the letters of administration, letters testamentary or other letters authorizing the administration of a decedent's estate, letters of guardianship, or letters of trust or appointment of the trustee in bankruptcy.

AB933, s. 38 Section 38. 101.9211 (4) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB933,22,2 101.9211 (4) (a) 2. The title executed by such administrator, executor the personal representative, guardian, or trustee, except that this subdivision does not apply if there is no certificate of title as a result of the exemption under s. 101.9203 (4).

AB933, s. 39 Section 39. 109.03 (3) of the statutes is renumbered 109.03 (3) (a) and amended to read:

AB933,22,10 109.03 (3) (a) In case of the death of an employee to whom wages are due, the full amount of the wages due shall upon demand be paid by the employer to the spouse, children, or other dependent living with such the employee at the time of death. In the case of an employee of the state, the amount of the wage due includes all unused vacation allowance. Any county or municipality may include unused vacation allowances for any employee who died after January 1, 1961.

AB933,22,16 (b) An employer may, not less than 5 days after the death of an employee and before the filing of a petition or application for letters testamentary or of administration in the matter of the decedent's estate, make payments of the wage due the deceased employee to the spouse, children, parent, brother or sister parents, or siblings of the decedent, giving preference in the foregoing order; or, if no such listed.

AB933,22,21 (c) If none of the relatives survive listed in par. (b) survives, the employer may apply such the payment of the wage or so much thereof of the wage as may be necessary to paying creditors of the decedent in the order of preference prescribed in s. 859.25 for satisfaction of debts by executors and administrators personal representatives.

AB933,22,23 (d) The making of payment in such the manner described in this subsection shall be a discharge and release of the employer to the amount of such the payment.

Note: Subdivides provision, reorders text, and inserts specific references for greater conformity with current style and improved readability. In addition, the references to the unused vacation allowances of state, county, and municipal employees are removed as obsolete in that the definition of "wage" in s. 109.01 (3), stats., includes vacation pay. As such, no specific mention of unused vacation allowances due a state, county, or municipal employee is necessary as those allowances are already included in the term "wage" by definition.

AB933, s. 40 Section 40. 112.01 (1) (b) of the statutes is amended to read:

AB933,23,7 112.01 (1) (b) "Fiduciary" includes a trustee under any trust, expressed, implied, resulting, or constructive, executor, administrator personal representative, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, prime contractor or subcontractor who is a trustee under ch. 779, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust, or estate.

AB933, s. 41 Section 41. 112.01 (11) of the statutes is amended to read:

AB933,23,21 112.01 (11) Deposit or safe deposit box rental in name of estate or two or more fiduciaries. When a deposit is made in a bank account or a safe deposit box or storage space rented, in the name names of 2 or more persons as trustees, executors or administrators personal representatives, or in the name of an estate having 2 or more executors or administrators personal representatives, and a check is drawn upon such the account, or access to said the safe deposit box or storage space is sought by any one or more of such the fiduciaries authorized by the other fiduciary or fiduciaries to draw checks upon such the account, or to enter said the safe deposit box or said storage space, neither the payee nor the other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such the fiduciary or fiduciaries to draw checks upon such the account, or to enter said the safe deposit box or storage space, and is not liable unless the circumstances be are such that the action of the payee or other holder or the bank amounts to bad faith.

AB933, s. 42 Section 42. 112.02 (1) of the statutes is renumbered 112.02 (2m) and amended to read:

AB933,24,12 112.02 (2m) Whenever an executor, administrator, guardian or testamentary trustee a fiduciary is engaged in war service as defined in this section, such, the fiduciary, or any other person interested in the estate or fund for which the fiduciary is acting, may present a petition to the court having jurisdiction praying for a decree suspending the powers of such the fiduciary while the fiduciary is engaged in war service and until the further order of the court, and if. If the suspension of such the fiduciary will leave no person acting as executor, administrator, guardian or testamentary trustee fiduciary, or will leave the sole beneficiary of a trust as the only acting trustee thereof of the trust, the petition must pray for the appointment of a successor unless a successor has been named in the will and such the named successor is not engaged in war service or is not for other reasons unable or unwilling to act as a fiduciary.

Note: Fiduciary is made a defined term to eliminate duplication. See the next section of this bill.

AB933, s. 43 Section 43. 112.02 (1m) of the statutes is created to read:

AB933,24,15 112.02 (1m) In this section, "fiduciary" means a personal representative, guardian, or testamentary trustee.

AB933, s. 44 Section 44. 112.02 (2) (intro.) of the statutes is amended to read:

AB933,24,18 112.02 (2) (intro.) For the purposes of In this section a fiduciary shall be deemed considered to be engaged in war service in any of the following cases:

AB933, s. 45 Section 45. 112.02 (4) of the statutes is amended to read:

AB933,25,4 112.02 (4) Upon the filing of the petition and the proof of service of the notice prescribed, the court may, notwithstanding any other provision of law, suspend the a fiduciary engaged in war service from the exercise of all of the fiduciary's powers and duties while such the fiduciary remains engaged in war service and until the further order of the court. The decree may further provide that the remaining executor, administrator, guardian or testamentary trustee fiduciary or, if there be is none, the successor named in the will or appointed by the court is possessed of and may exercise all of the powers and duties incidental to the person's office as fiduciary.

AB933, s. 46 Section 46. 112.02 (5) of the statutes is renumbered 112.02 (5) (a) and amended to read:

AB933,25,14 112.02 (5) (a) When the suspended fiduciary ceases to be engaged in war service the suspended fiduciary may be reinstated as executor, administrator, guardian or testamentary trustee if any of the duties of such the office remain unexecuted, upon application to the court and upon such any notice as that the presiding judge thereof may direct. If of the court directs. Upon reinstatement of the suspended fiduciary is reinstated, the court shall thereupon remove the suspended fiduciary's successor and revoke the successor fiduciary's letters, and make such any other order or decree as that justice requires, but such removal.

AB933,25,18 (b) Removal and revocation of letters under par. (a) shall not bar the successor from subsequently again qualifying as a fiduciary in accordance with the provisions of the will or if for any reason it thereafter becomes necessary that the appointment of a successor fiduciary be appointed is required subsequently.

AB933, s. 47 Section 47. 113.06 of the statutes is amended to read:

AB933,25,23 113.06 Death of obligor, estate liable. On the death of a joint obligor in contract, the joint obligor's executor or administrator (personal representative or estate) shall be bound as such jointly and severally bound with the surviving obligor or obligors.

AB933, s. 48 Section 48. 137.01 (7) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB933,26,11 137.01 (7) Official records to be filed. When any notary public ceases to hold office, the notary public, or in case of the notary public's death the notary public's executor or administrator personal representative, shall deposit the notary public's official records and papers in the office of the secretary of state. If any such the notary or any executor or administrator personal representative, after such the records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces, or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable for all damages resulting to the party injured for all damages thereby sustained. The secretary of state shall receive and safely keep all such papers and records in their office.

AB933, s. 49 Section 49. 179.65 of the statutes is amended to read:

AB933,26,21 179.65 Power of estate of deceased or incompetent partner. If a partner who is an individual dies or is adjudged incompetent to manage his or her person or property, the partner's executor, administrator personal representative, guardian, conservator, or other legal representative may exercise all of the partner's rights for the purpose of settling his or her estate or administering his or her property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, limited liability company, trust, or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor.

AB933, s. 50 Section 50. 180.0622 (4) of the statutes is renumbered 180.0622 (4) (a) and amended to read:

AB933,27,3 180.0622 (4) (a) An executor, administrator, In this subsection, "fiduciary" means a personal representative, conservator, guardian, trustee, assignee for the benefit of creditors, or receiver.