AB1038,24,219
766.61
(7) If Except as provided in s. 854.14 (3m) (b) 2., if a noninsured spouse
20predeceases an insured spouse, the
decedent spouse's marital property interest
of the
21decedent spouse in a policy
which that designates the surviving spouse as the owner
22and insured is limited to a dollar amount equal to one-half of the marital property
23interest in the interpolated terminal reserve and in the unused portion of the term
24premium of the policy on the
decedent spouse's date of death
of the deceased spouse.
25All other rights of the decedent spouse in the ownership interest or proceeds of the
1policy, other than the marital property interest described in this subsection,
2terminate at the decedent spouse's death.
AB1038, s. 54
3Section
54. 766.62 (2) of the statutes is amended to read:
AB1038,24,104
766.62
(2) A deferred employment benefit attributable to employment of a
5spouse occurring
while the spouse is married and partly before and partly after the
6determination date is mixed property. The marital property component of that mixed
7property is the amount which results from multiplying the entire benefit by a
8fraction, the numerator of which is the period of employment giving rise to the benefit
9that occurred after the determination date and during marriage and the
10denominator of which is the total period of employment giving rise to the benefit.
AB1038, s. 55
11Section
55. 766.62 (4) of the statutes is renumbered 766.62 (4) (a).
AB1038, s. 56
12Section
56. 766.62 (4) (b) of the statutes is created to read:
AB1038,24,1613
766.62
(4) (b) If a deferred employment benefit plan administrator has reason
14to believe that a dispute exists as to the rights of parties, or their successors, to a
15deferred employment benefit, the deferred employment benefit plan administrator
16may do any of the following:
AB1038,24,2117
1. Deposit the benefit funds with a court having jurisdiction of the proceedings.
18The court shall hold the funds and, upon determination of the owner, shall order
19disbursement in accordance with the determination. Property deposited with the
20court discharges the deferred employment benefit plan administrator from all claims
21for the benefit funds.
AB1038,24,2422
2. Refuse to transfer any funds from the plan to any person until the
23administrator receives from a court written documentation that the dispute has been
24resolved.
AB1038,24,2525
3. Make a payment under par. (a).
AB1038, s. 57
1Section
57. 766.62 (4) (c) of the statutes is created to read:
AB1038,25,52
766.62
(4) (c) The protection afforded a deferred employment benefit plan
3administrator under this subsection does not affect the rights of parties or their
4successors in disputes concerning the beneficial ownership of deferred employment
5benefits.
AB1038, s. 58
6Section
58. 766.62 (5) (intro.) of the statutes is amended to read:
AB1038,25,107
766.62
(5) (intro.)
If Except as provided in s. 854.14 (3m) (c), if the nonemployee
8spouse predeceases the employee spouse, the marital property interest of the
9nonemployee spouse in all of the following terminates at the death of the
10nonemployee spouse:
AB1038, s. 59
11Section
59. 767.266 (1) (b) of the statutes is amended to read:
AB1038,25,1312
767.266
(1) (b) That one or both spouses will make a particular disposition in
13a will or other governing instrument, as defined in s. 854.01
(2).
AB1038, s. 60
14Section
60. 851.055 (1m) of the statutes is created to read:
AB1038,25,1715
851.055
(1m) Is not classified as individual property or marital property under
16a valid marital property agreement, unless the marital property agreement provides
17otherwise.
AB1038, s. 61
18Section
61. 851.21 (1) (b) of the statutes is amended to read:
AB1038,25,2219
851.21
(1) (b)
A Except as provided in s. 853.32 (2) (e), a beneficiary named
20in any document offered for probate as the will of the decedent and includes a person
21named or acting as a trustee of any trust, inter vivos or testamentary, named as a
22beneficiary.
AB1038, s. 62
23Section
62. 851.31 of the statutes is amended to read:
AB1038,26,3
24851.31 Will. "Will" Unless the context or subject matter indicates otherwise,
25"will" includes a codicil and any document incorporated by reference in a
1testamentary document under s. 853.32 (1) or (2). "Will" does not include a copy,
2unless the copy has been proven as a will under s. 856.17, but "will" does include a
3properly executed duplicate original.
AB1038, s. 63
4Section
63. 851.50 of the statutes is amended to read:
AB1038,26,7
5851.50 Status of adopted persons. The status of adopted persons for
6purposes of inheritance and transfers under wills or other governing instruments,
7as defined in s. 854.01
(2), is governed by ss. 854.20 and 854.21.
AB1038, s. 64
8Section
64. 852.01 (1) (a) 2. of the statutes is renumbered 852.01 (1) (a) 2.
9(intro.) and amended to read:
AB1038,26,1210
852.01
(1) (a) 2. (intro.) If there are surviving issue one or more of whom are
11not issue of the surviving spouse, one-half of decedent's property other than
the
12following property:
AB1038,26,13
13a. The decedent's interest in marital property.
AB1038, s. 65
14Section
65. 852.01 (1) (a) 2. b. of the statutes is created to read:
AB1038,26,1615
852.01
(1) (a) 2. b. The decedent's interest in property held equally and
16exclusively with the surviving spouse as tenants in common.
AB1038, s. 66
17Section
66. 852.01 (1) (b) of the statutes is amended to read:
AB1038,26,2018
852.01
(1) (b) To the issue,
per stirpes, the share of the estate not passing to the
19spouse under par. (a), or the entire estate if there is no surviving spouse.
If there are
20issue other than children, those of more remote degrees take per stirpes.
AB1038, s. 67
21Section
67. 852.05 (title) of the statutes is amended to read:
AB1038,26,23
22852.05 (title)
Status of nonmarital child born to unmarried parents for
23purposes of intestate succession.
AB1038, s. 68
24Section
68. 852.05 (1) (intro.) of the statutes is amended to read:
AB1038,27,5
1852.05
(1) (intro.) A
nonmarital child
born to unmarried parents, or the child's
2issue
is entitled to take, is treated in the same manner as a
marital child
by
, or the
3issue of a child, born to married parents with respect to intestate succession from and
4through
his or her the child's mother, and from and through
his or her the child's 5father if any of the following applies:
AB1038, s. 69
6Section
69. 852.05 (2) of the statutes is amended to read:
AB1038,27,127
852.05
(2) Property of a
nonmarital child
born to unmarried parents passes in
8accordance with s. 852.01 except that the father or the father's kindred can inherit
9only if the father has been adjudicated to be the father in a paternity proceeding
10under ch. 767 or by final order or judgment of a court of competent jurisdiction in
11another state or has been determined to be the father under s. 767.62 (1) or a
12substantially similar law of another state.
AB1038, s. 70
13Section
70. 852.05 (3) of the statutes is amended to read:
AB1038,27,1514
852.05
(3) (a) This section does not apply to a child who becomes a marital child
15by the subsequent marriage of the child's parents under s. 767.60.
AB1038,27,17
16(b) The status of a
nonmarital child
born to unmarried parents who is legally
17adopted is governed by s. 854.20.
AB1038, s. 71
18Section
71. 852.12 of the statutes is amended to read:
AB1038,27,23
19852.12 Debts to decedent. If an heir owes a debt to the decedent,
s. 854.12
20governs the
treatment of that debt
shall be charged against the intestate share of the
21debtor, regardless of whether the debt has been discharged in bankruptcy. If the
22debtor fails to survive the decedent, the debt shall not be taken into account in
23computing the intestate shares of the debtor's issue.
AB1038, s. 72
24Section
72. 853.03 (2) of the statutes is renumbered 853.03 (2) (am) and
25amended to read:
AB1038,28,3
1853.03
(2) (am) It must be signed by
2 or more witnesses, each of whom at least
22 witnesses who signed within a reasonable time after
witnessing any of the
3following:
AB1038,28,54
1. The signing of the will as provided under sub. (1)
, in the conscious presence
5of the witness.
AB1038,28,86
2. The testator's implicit or explicit acknowledgement of the testator's
7signature on the will,
within in the conscious presence of
each of the
witnesses 8witness.
AB1038,28,109
3. The testator's implicit or explicit acknowledgement of the will,
within in the
10conscious presence of
each of the
witnesses witness.
AB1038, s. 73
11Section
73. 853.03 (2) (bm) of the statutes is created to read:
AB1038,28,1312
853.03
(2) (bm) The 2 witnesses required under par. (am) may observe the
13signing or acknowledgement under par. (am) 1. to 3. at different times.
AB1038, s. 74
14Section
74. 853.04 (3) of the statutes is repealed and recreated to read:
AB1038,28,1615
853.04
(3) Effect of affidavit. The effect of an affidavit in substantially the
16form under sub. (1) or (2) is as provided in s. 856.16.
AB1038, s. 75
17Section
75. 853.11 (2) of the statutes is renumbered 853.12, and 853.12 (1), (2)
18(intro.), (b) and (c), (3) (intro.) and (4) (intro.) and (b), as renumbered, are amended
19to read:
AB1038,28,2220
853.12
(1) Entitlement of surviving spouse. Subject to
par. (c) sub. (3), if the
21testator married the surviving spouse after the testator executed his or her will, the
22surviving spouse is entitled to a share of the probate estate.
AB1038,29,2
23(2) Value of share. (intro.) The value of the share under
par. (a) sub. (1) is the
24value of the share that the surviving spouse would have received had the testator
25died with an intestate estate equal to the value of the
testator's net estate
of the
1decedent less, but the value of the net estate shall first be reduced by the value of all
2of the following:
AB1038,29,43
(b) All devises to or for the benefit of the issue of a child described in
subd. 1. 4par. (a).
AB1038,29,65
(c) All devises that pass under s. 854.06, 854.07, 854.21
, or 854.22 to or for the
6benefit of children described in
subd. 1. par. (a) or issue of those children.
AB1038,29,8
7(3) Exceptions. (intro.)
Paragraph (a) Subsection (1) does not apply if any of
8the following applies:
AB1038,29,10
9(4) Priority and abatement. (intro.) In satisfying the share provided by this
10subsection section:
AB1038,29,1211
(b) Devises other than those described in
par. (b) 1. to 3. sub. (2) (a) to (c) abate
12as provided under s. 854.18.
AB1038, s. 76
13Section
76. 853.11 (2m) of the statutes is created to read:
AB1038,29,1614
853.11
(2m) Premarital will. Entitlements of a surviving spouse under a
15decedent's will that was executed before marriage to the surviving spouse are
16governed by s. 853.12.
AB1038, s. 77
17Section
77. 853.11 (3) of the statutes is amended to read:
AB1038,29,1918
853.11
(3) Former Transfer to former spouse. The effect of a A transfer under
19a will to a former spouse is governed by s. 854.15.
AB1038, s. 78
20Section
78. 853.11 (6) (c) of the statutes is amended to read:
AB1038,30,221
853.11
(6) (c) If a subsequent will that wholly or partly revoked a previous will
22is itself revoked by another, later will, the previous will or its revoked part remains
23revoked, unless it or its revoked part is revived. The previous will or its revoked part
24is revived to the extent that it appears from the terms of the later will, or from the
1testator's contemporary or subsequent declarations, that the testator intended the
2previous will
or its revoked part to take effect.
AB1038, s. 79
3Section
79. 853.11 (6) (d) of the statutes is amended to read:
AB1038,30,64
853.11
(6) (d) In the absence of an original valid will,
establishment of the
5execution and validity of the revived will or part
is governed by may be established
6as provided in s. 856.17.
AB1038, s. 80
7Section
80. 853.18 (1) of the statutes is renumbered 853.18 (1) (intro.) and
8amended to read:
AB1038,30,219
853.18
(1) (intro.) Except as otherwise provided in
s. 853.15 or 853.17 (1) or ch.
10766,
no written designation in accordance with the terms of any insurance, annuity
11or endowment contract, or in any agreement issued or entered into by an insurance
12company in connection therewith, supplemental thereto or in settlement thereof,
13and no written designation made under a contract, plan, system or trust providing
14for pension, retirement, deferred compensation, stock bonus, profit-sharing or death
15benefits, or an employment or commission contract, of any person to be a beneficiary,
16payee or owner of any right, title or interest thereunder upon the death of another,
17or any assignment of rights under any of the foregoing, none of the following is
18subject to or defeated or impaired by any statute or rule of law governing the transfer
19of property by will, gift
, or intestacy, even though
that the designation or assignment
20is revocable or the rights of
that the beneficiary, payee, owner
, or assignee are
21otherwise subject to defeasance
.:
AB1038, s. 81
22Section
81. 853.18 (1) (a), (b) and (c) of the statutes are created to read:
AB1038,30,2423
853.18
(1) (a) A written designation in accordance with the terms of any
24insurance, annuity, or endowment contract.
AB1038,31,2
1(b) Any agreement issued or entered into by an insurance company
2supplemental to or in settlement of any insurance, annuity, or endowment contract.
AB1038,31,73
(c) Any written designation made under a contract, plan, system, or trust
4providing for pension, retirement, deferred compensation, stock bonus,
5profit-sharing, or death benefits, or an employment or commission contract, of any
6person to be a beneficiary, payee, or owner of any right, title, or interest thereunder
7upon the death of another, or any assignment of rights under any of the foregoing.
AB1038, s. 82
8Section
82. 853.25 (2) of the statutes is renumbered 853.25 (2) (a) (intro.) and
9amended to read:
AB1038,31,1610
853.25
(2) (a) (intro.) Except as provided in sub. (5), if clear and convincing
11evidence proves that the testator failed to provide in the testator's will for a child
12living at the time of making of the will, or for the issue of any then deceased child,
13by mistake or accident, including the mistaken belief that the child or issue of a
14deceased child was dead at the time the will was executed, the child or issue is
15entitled to receive a share in the estate of the testator
, as provided under sub. (1), as
16if the child or issue was born or adopted after the execution of the will
., as follows:
AB1038,31,18
17(b) Failure to mention a child or issue in the will is not in itself evidence of
18mistake or accident.
AB1038, s. 83
19Section
83. 853.25 (2) (a) 1. and 2. of the statutes are created to read:
AB1038,31,2220
853.25
(2) (a) 1. If no children were included in the will but some or all of those
21children were omitted by mistake, then sub. (1) (b) provides for the share of any child
22or issue omitted by mistake.
AB1038,31,2523
2. If some children were included in the will but other children were omitted
24by mistake, then sub. (1) (c) provides for the share of any child or issue omitted by
25mistake.
AB1038, s. 84
1Section
84. 853.32 (1) of the statutes is renumbered 853.32 (1) (am).
AB1038, s. 85
2Section
85. 853.32 (1) (bm) of the statutes is created to read:
AB1038,32,53
853.32
(1) (bm) A writing or document is incorporated into a will under par.
4(am) even if the writing or document is not executed in compliance with s. 853.03 or
5853.05.
AB1038, s. 86
6Section
86. 853.32 (2) (a) of the statutes is amended to read:
AB1038,32,127
853.32
(2) (a) A reference in a will
executed on or after May 3, 1996, to another
8document that lists tangible personal property not otherwise specifically disposed of
9in the will disposes of that property if the other document describes the property and
10the distributees with reasonable certainty and is signed and dated by the decedent.
11The court may enforce a document that is not dated but that fulfills all of the other
12requirements under this paragraph.
AB1038, s. 87
13Section
87. 853.32 (2) (am) of the statutes is created to read:
AB1038,32,1814
853.32
(2) (am) Another document under par. (a) is valid if it was signed in
15compliance with s. 853.03 (1) or with the law of the place where the document was
16signed, or where the testator resided, was domiciled, or was a national at the time
17the document was signed or at the time of death, even if it was not otherwise executed
18in compliance with s. 853.03 (2) or 853.05.
AB1038, s. 88
19Section
88. 853.32 (2) (b) of the statutes is renumbered 853.32 (2) (b) (intro.)
20and amended to read:
AB1038,32,2221
853.32
(2) (b) (intro.) Another document under par. (a) is valid even if
it any of
22the following applies:
AB1038,32,23
231. The document does not exist when the will is executed
, even if it.
AB1038,32,24
242. The document is changed after the will is executed
and even if it.