AB1038: Bill Text

AB1038,21,10 766.31 (2) (title) Presumption.

AB1038, s. 41 Section 41. 766.31 (3) of the statutes is renumbered 766.31 (3) (intro.) and amended to read:

AB1038,21,15 766.31 (3) Spouse's interest in marital property. (intro.) Each spouse has a present undivided one-half interest in each item of marital property, but the subject to all of the following:

AB1038,21,20 (a) Terminable interest in deferred employment benefit plan. As provided in s. 766.62 (5), the marital property interest of the nonemployee spouse in a deferred employment benefit plan or in assets in an individual retirement account that are traceable to the rollover of a deferred employment benefit plan terminates at the death of the nonemployee spouse if he or she predeceases the employee spouse.

AB1038, s. 42 Section 42. 766.31 (3) (b) of the statutes is created to read:

AB1038,22,2 766.31 (3) (b) Division based on aggregate value at death. 1. Spouses may provide in a marital property agreement that at the death of a spouse some or all of their marital property will be divided based on aggregate value rather than divided item by item. However, at the death of a spouse, a marital property agreement is not necessary for a division of marital property that is not item by item.

AB1038,22,6 2. The surviving spouse and the successor in interest to the decedent's share of marital property may enter into an agreement providing that some or all of the marital property in which each has an interest will be divided based on aggregate value rather than divided item by item.

AB1038, s. 43 Section 43. 766.31 (4) (title) of the statutes is created to read:

AB1038,22,8 766.31 (4) (title) Classification of income.

AB1038, s. 44 Section 44. 766.31 (5) (title) of the statutes is created to read:

AB1038,22,10 766.31 (5) (title) Transfer to a trust.

AB1038, s. 45 Section 45. 766.31 (6) (title) of the statutes is created to read:

AB1038,22,12 766.31 (6) (title) Property owned at determination date.

AB1038, s. 46 Section 46. 766.31 (6) of the statutes is renumbered 766.31 (6) (a) and amended to read:

AB1038,22,19 766.31 (6) (a) Date of marriage same as determination date. Property owned at a If the date of marriage which occurs after 12:01 a.m. on January 1, 1986, is the same as the determination date, the property owned at the determination date is individual property of the owning spouse if, at the marriage, both spouses are domiciled in this state.

AB1038, s. 47 Section 47. 766.31 (6) (b) of the statutes is created to read:

AB1038,22,23 766.31 (6) (b) Date of marriage prior to determination date. If the date of marriage precedes the determination date, the property owned at the determination date is not classified by this chapter but is subject to all of the following:

AB1038,22,24 1. Subsections (8) and (9) govern property owned at the time of marriage.

AB1038,23,3 2. Subsections (8) and (9) govern property acquired while the spouses were married but before the determination date if the property would have been individual property had it been acquired after the determination date.

AB1038,23,6 3. Subsections (8) and (9) and s. 861.02 govern property acquired while the spouses were married but before the determination date if the property would have been marital property had it been acquired after the determination date.

AB1038, s. 48 Section 48. 766.31 (7) (title) of the statutes is created to read:

AB1038,23,8 766.31 (7) (title) Individual property after determination date.

AB1038, s. 49 Section 49. 766.31 (7p) (title) of the statutes is created to read:

AB1038,23,10 766.31 (7p) (title) Unilateral statement.

AB1038, s. 50 Section 50. 766.31 (8) (title) of the statutes is created to read:

AB1038,23,12 766.31 (8) (title) Rights in property acquired before determination date.

AB1038, s. 51 Section 51. 766.31 (9) (title) of the statutes is created to read:

AB1038,23,15 766.31 (9) (title) Treatment of property acquired before the determination date.

AB1038, s. 52 Section 52. 766.31 (10) (title) of the statutes is created to read:

AB1038,23,17 766.31 (10) (title) Reclassification.

AB1038, s. 53 Section 53. 766.61 (7) of the statutes is amended to read:

AB1038,24,2 766.61 (7) If Except as provided in s. 854.14 (3m) (b) 2., if a noninsured spouse predeceases an insured spouse, the decedent spouse's marital property interest of the decedent spouse in a policy which that designates the surviving spouse as the owner and insured is limited to a dollar amount equal to one-half of the marital property interest in the interpolated terminal reserve and in the unused portion of the term premium of the policy on the decedent spouse's date of death of the deceased spouse. All other rights of the decedent spouse in the ownership interest or proceeds of the policy, other than the marital property interest described in this subsection, terminate at the decedent spouse's death.

AB1038, s. 54 Section 54. 766.62 (2) of the statutes is amended to read:

AB1038,24,10 766.62 (2) A deferred employment benefit attributable to employment of a spouse occurring while the spouse is married and partly before and partly after the determination date is mixed property. The marital property component of that mixed property is the amount which results from multiplying the entire benefit by a fraction, the numerator of which is the period of employment giving rise to the benefit that occurred after the determination date and during marriage and the denominator of which is the total period of employment giving rise to the benefit.

AB1038, s. 55 Section 55. 766.62 (4) of the statutes is renumbered 766.62 (4) (a).

AB1038, s. 56 Section 56. 766.62 (4) (b) of the statutes is created to read:

AB1038,24,16 766.62 (4) (b) If a deferred employment benefit plan administrator has reason to believe that a dispute exists as to the rights of parties, or their successors, to a deferred employment benefit, the deferred employment benefit plan administrator may do any of the following:

AB1038,24,21 1. Deposit the benefit funds with a court having jurisdiction of the proceedings. The court shall hold the funds and, upon determination of the owner, shall order disbursement in accordance with the determination. Property deposited with the court discharges the deferred employment benefit plan administrator from all claims for the benefit funds.

AB1038,24,24 2. Refuse to transfer any funds from the plan to any person until the administrator receives from a court written documentation that the dispute has been resolved.

AB1038,24,25 3. Make a payment under par. (a).

AB1038, s. 57 Section 57. 766.62 (4) (c) of the statutes is created to read:

AB1038,25,5 766.62 (4) (c) The protection afforded a deferred employment benefit plan administrator under this subsection does not affect the rights of parties or their successors in disputes concerning the beneficial ownership of deferred employment benefits.

AB1038, s. 58 Section 58. 766.62 (5) (intro.) of the statutes is amended to read:

AB1038,25,10 766.62 (5) (intro.) If Except as provided in s. 854.14 (3m) (c), if the nonemployee spouse predeceases the employee spouse, the marital property interest of the nonemployee spouse in all of the following terminates at the death of the nonemployee spouse:

AB1038, s. 59 Section 59. 767.266 (1) (b) of the statutes is amended to read:

AB1038,25,13 767.266 (1) (b) That one or both spouses will make a particular disposition in a will or other governing instrument, as defined in s. 854.01 (2).

AB1038, s. 60 Section 60. 851.055 (1m) of the statutes is created to read:

AB1038,25,17 851.055 (1m) Is not classified as individual property or marital property under a valid marital property agreement, unless the marital property agreement provides otherwise.

AB1038, s. 61 Section 61. 851.21 (1) (b) of the statutes is amended to read:

AB1038,25,22 851.21 (1) (b) A Except as provided in s. 853.32 (2) (e), a beneficiary named in any document offered for probate as the will of the decedent and includes a person named or acting as a trustee of any trust, inter vivos or testamentary, named as a beneficiary.

AB1038, s. 62 Section 62. 851.31 of the statutes is amended to read:

AB1038,26,3 851.31 Will. "Will" Unless the context or subject matter indicates otherwise, "will" includes a codicil and any document incorporated by reference in a testamentary document under s. 853.32 (1) or (2). "Will" does not include a copy, unless the copy has been proven as a will under s. 856.17, but "will" does include a properly executed duplicate original.

AB1038, s. 63 Section 63. 851.50 of the statutes is amended to read:

AB1038,26,7 851.50 Status of adopted persons. The status of adopted persons for purposes of inheritance and transfers under wills or other governing instruments, as defined in s. 854.01 (2), is governed by ss. 854.20 and 854.21.

AB1038, s. 64 Section 64. 852.01 (1) (a) 2. of the statutes is renumbered 852.01 (1) (a) 2. (intro.) and amended to read:

AB1038,26,12 852.01 (1) (a) 2. (intro.) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of decedent's property other than the following property:

AB1038,26,13 a. The decedent's interest in marital property.

AB1038, s. 65 Section 65. 852.01 (1) (a) 2. b. of the statutes is created to read:

AB1038,26,16 852.01 (1) (a) 2. b. The decedent's interest in property held equally and exclusively with the surviving spouse as tenants in common.

AB1038, s. 66 Section 66. 852.01 (1) (b) of the statutes is amended to read:

AB1038,26,20 852.01 (1) (b) To the issue, per stirpes, the share of the estate not passing to the spouse under par. (a), or the entire estate if there is no surviving spouse. If there are issue other than children, those of more remote degrees take per stirpes.

AB1038, s. 67 Section 67. 852.05 (title) of the statutes is amended to read:

AB1038,26,23 852.05 (title) Status of nonmarital child born to unmarried parents for purposes of intestate succession.

AB1038, s. 68 Section 68. 852.05 (1) (intro.) of the statutes is amended to read:

AB1038,27,5 852.05 (1) (intro.) A nonmarital child born to unmarried parents, or the child's issue is entitled to take, is treated in the same manner as a marital child by , or the issue of a child, born to married parents with respect to intestate succession from and through his or her the child's mother, and from and through his or her the child's father if any of the following applies:

AB1038, s. 69 Section 69. 852.05 (2) of the statutes is amended to read:

AB1038,27,12 852.05 (2) Property of a nonmarital child born to unmarried parents 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 or has been determined to be the father under s. 767.62 (1) or a substantially similar law of another state.

AB1038, s. 70 Section 70. 852.05 (3) of the statutes is amended to read:

AB1038,27,15 852.05 (3) (a) 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.

AB1038,27,17 (b) The status of a nonmarital child born to unmarried parents who is legally adopted is governed by s. 854.20.

AB1038, s. 71 Section 71. 852.12 of the statutes is amended to read:

AB1038,27,23 852.12 Debts to decedent. If an heir owes a debt to the decedent, s. 854.12 governs the treatment of that 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.

AB1038, s. 72 Section 72. 853.03 (2) of the statutes is renumbered 853.03 (2) (am) and amended to read:

AB1038,28,3 853.03 (2) (am) It must be signed by 2 or more witnesses, each of whom at least 2 witnesses who signed within a reasonable time after witnessing any of the following:

AB1038,28,5 1. The signing of the will as provided under sub. (1), in the conscious presence of the witness.

AB1038,28,8 2. The testator's implicit or explicit acknowledgement of the testator's signature on the will, within in the conscious presence of each of the witnesses witness.

AB1038,28,10 3. The testator's implicit or explicit acknowledgement of the will, within in the conscious presence of each of the witnesses witness.

AB1038, s. 73 Section 73. 853.03 (2) (bm) of the statutes is created to read:

AB1038,28,13 853.03 (2) (bm) The 2 witnesses required under par. (am) may observe the signing or acknowledgement under par. (am) 1. to 3. at different times.

AB1038, s. 74 Section 74. 853.04 (3) of the statutes is repealed and recreated to read:

AB1038,28,16 853.04 (3) Effect of affidavit. The effect of an affidavit in substantially the form under sub. (1) or (2) is as provided in s. 856.16.

AB1038, s. 75 Section 75. 853.11 (2) of the statutes is renumbered 853.12, and 853.12 (1), (2) (intro.), (b) and (c), (3) (intro.) and (4) (intro.) and (b), as renumbered, are amended to read:

AB1038,28,22 853.12 (1) Entitlement of surviving spouse. Subject to par. (c) sub. (3), if the testator married the surviving spouse after the testator executed his or her will, the surviving spouse is entitled to a share of the probate estate.

AB1038,29,2 (2) Value of share. (intro.) The value of the share under par. (a) sub. (1) is the value of the share that the surviving spouse would have received had the testator died with an intestate estate equal to the value of the testator's net estate of the decedent less, but the value of the net estate shall first be reduced by the value of all of the following:

AB1038,29,4 (b) All devises to or for the benefit of the issue of a child described in subd. 1. par. (a).

AB1038,29,6 (c) All devises that pass under s. 854.06, 854.07, 854.21, or 854.22 to or for the benefit of children described in subd. 1. par. (a) or issue of those children.

AB1038,29,8 (3) Exceptions. (intro.) Paragraph (a) Subsection (1) does not apply if any of the following applies:

AB1038,29,10 (4) Priority and abatement. (intro.) In satisfying the share provided by this subsection section:

AB1038,29,12 (b) Devises other than those described in par. (b) 1. to 3. sub. (2) (a) to (c) abate as provided under s. 854.18.