AB1038, s. 144
3Section
144. 854.15 (1) (e) of the statutes is renumbered 854.01 (3) and
4amended to read:
AB1038,48,125
854.01
(3) "Revocable
",," with respect to a disposition, provision
, or
6nomination, means one under which the decedent, at the time
of the divorce,
7annulment or similar event referred to, was alone empowered, by law or under the
8governing instrument, to
cancel the designation in favor of the former spouse or
9former spouse's relative, change or revoke, regardless of whether
or not the decedent
10was then empowered to designate himself or herself in place of
the a former
spouse
11or the former spouse's relative designee, and
regardless of whether
or not the
12decedent then had the capacity to exercise the power.
AB1038, s. 145
13Section
145. 854.15 (5) (intro.) of the statutes is renumbered 854.15 (5) (am)
14(intro.).
AB1038, s. 146
15Section
146. 854.15 (5) (a), (b), (c), (d) and (e) of the statutes are renumbered
16854.15 (5) (am) 1., 2., 3., 4. and 5.
AB1038, s. 147
17Section
147. 854.15 (5) (f) of the statutes is renumbered 854.15 (5) (bm) and
18amended to read:
AB1038,48,2319
854.15
(5) (bm)
There is a finding of the decedent's contrary If the transfer is
20made under a governing instrument and the person who executed the governing
21instrument had an intent
contrary to any provision in this section, then that
22provision is inapplicable to the transfer. Extrinsic evidence may be used to construe
23that the intent.
AB1038, s. 148
24Section
148. 854.17 of the statutes is amended to read:
AB1038,49,5
1854.17 Classification; how determined Marital property classification;
2ownership and division of marital property at death.
In chs. 851 to 882,
3classification Classification of the property of a decedent spouse and surviving
4spouse
is, and ownership and division of that property at the death of a spouse, are 5determined under ch. 766
and s. 861.01.
AB1038, s. 149
6Section
149. 854.18 (1) (a) (intro.) of the statutes is amended to read:
AB1038,49,137
854.18
(1) (a) (intro.) Except as provided in sub. (3) or in connection with the
8share of the surviving spouse who elects to take an elective share in deferred marital
9property deferred marital property elective share amount of a surviving spouse who
10elects under s. 861.02,
a the share of a surviving spouse who takes under s.
853.11
11(2) 853.12, or
a the share of a surviving child who takes under s. 853.25, shares of
12distributees abate, without any preference or priority as between real and personal
13property, in the following order:
AB1038, s. 150
14Section
150. 854.18 (3) of the statutes is amended to read:
AB1038,49,1915
854.18
(3) If the governing instrument expresses an order of abatement, or if
16the
decedent's transferor's estate plan or the
express or implied purpose of the
17transfer
, as expressed, implied, or construed through extrinsic evidence, would be
18defeated by the order of abatement under sub. (1), the shares of the distributees
19abate as necessary to give effect to the intention of the transferor.
AB1038, s. 151
20Section
151. 854.20 (1) of the statutes is renumbered 854.20 (1) (a) and
21amended to read:
AB1038,50,222
854.20
(1) (a) Subject to
par. (b) and sub.
(4) (5), a legally adopted person is
23treated as a birth child of the person's adoptive parents
and the adoptive parents are
24treated as the birth parents of the adopted person for purposes of
intestate succession
25by transfers at death to, through
, and from the adopted person and for purposes of
1any statute
or other rule conferring rights upon children, issue
, or relatives in
2connection with the law of intestate succession or governing instruments.
AB1038, s. 152
3Section
152. 854.20 (2) (intro.) of the statutes is renumbered 854.20 (2) (am)
4(intro.) and amended to read:
AB1038,50,85
854.20
(2) (am) (intro.) Subject to sub.
(4) (5), a legally adopted person ceases
6to be treated as a child of the person's birth parents
and the birth parents cease to
7be treated as the parents of the child for the
same purposes
as under specified in sub.
8(1)
(a), except:
AB1038, s. 153
9Section
153. 854.20 (2) (a) of the statutes is renumbered 854.20 (2) (am) 1. and
10amended to read:
AB1038,50,1511
854.20
(2) (am) 1. If
a birth parent marries or remarries and the parent-child
12relationship between the child
is adopted by the stepparent, and one birth parent is
13replaced by adoption, but the relationship to the other birth parent is not replaced,
14then for all purposes the child
is continues to be treated as the child of the birth
15parent whose
spouse adopted the child relationship was not replaced.
AB1038, s. 154
16Section
154. 854.20 (2) (am) 2. b. and c. of the statutes are created to read:
AB1038,50,2017
854.20
(2) (am) 2. b. Subd. 2. a. applies only if the adopted person was a minor
18at the time of adoption or if the adoptive parent raised the adopted person in a
19parent-like relationship beginning on or before the child's 15th birthday and lasting
20for a substantial period or until adulthood.
AB1038,50,2221
c. Subdivision 2. a. does not apply if the parental rights of the deceased birth
22parent had been terminated.
AB1038, s. 155
23Section
155. 854.20 (2) (b) of the statutes is renumbered 854.20 (2) (am) 2. a.
24and amended to read:
AB1038,51,7
1854.20 (2) (am) 2. a.
If Subject to subd. 2. b. and c., if a birth parent of a
marital 2child
born to married parents dies and the other birth parent
subsequently remarries
3and the child is adopted by the stepparent, the child
is continues to be treated as the
4child of the deceased birth parent for purposes of
inheritance transfers at death 5through that parent and for purposes of any statute
or other rule conferring rights
6upon children, issue or relatives of that parent under the law of intestate succession
7or governing instruments.
AB1038, s. 156
8Section
156. 854.20 (3) of the statutes is renumbered 854.20 (2) (bm) and
9amended to read:
AB1038,51,1310
854.20
(2) (bm)
Sequential adoption. Subject to sub.
(4) (5), if an
adoptive
11parent dies or his or her parental rights are terminated in a legal proceeding and the 12adopted child is subsequently adopted by another person, the former adoptive parent
13is considered to be a birth parent for purposes of this
section subsection.
AB1038, s. 157
14Section
157. 854.20 (4) of the statutes is renumbered 854.20 (1) (b), and 854.20
15(1) (b) (intro.) and 3., as renumbered, are amended to read:
AB1038,51,1716
854.20
(1) (b)
Applicability. (intro.)
Subsections (1), (2) and (3) apply Subject
17to sub. (5), par. (a) applies only if at least one of the following applies:
AB1038,51,2118
3. The
adoptive parent raised the adopted person
was raised as a member of
19the household by the adoptive parent from in a parent-like relationship beginning
20on or before the child's 15th birthday
or before
and lasting for a substantial period
21or until adulthood.
AB1038, s. 158
22Section
158. 854.20 (5) of the statutes is amended to read:
AB1038,52,223
854.20
(5) Contrary intent. This section does not apply if If the transfer is
24made under a governing instrument and
there is a finding of contrary intent of the
25person who executed the
governing instrument
had an intent contrary to any
1provision in this section, then that provision is not applicable to the transfer.
2Extrinsic evidence may be used to construe
that the intent.
AB1038, s. 159
3Section
159. 854.21 (1) (a) (intro.) of the statutes is renumbered 854.21 (1) (a)
4and amended to read:
AB1038,52,115
854.21
(1) (a) Except as provided in
par. (b) or sub. (7), a gift of property by a
6governing instrument to a class of persons described as
"
issue,
" "lawful issue,
"
7"children,
'' "grandchildren,
" "descendants,
" "heirs,
" "heirs of the body,
" "next of kin,
"
8"distributees
," or the like includes a person adopted by a person whose birth child
9would be a member of the class, and issue of the adopted person, if the conditions for
10membership in the class are otherwise satisfied and
any of the following applies: at
11least one of the criteria under s. 854.20 (1) (b) 1., 2., and 3. is satisfied.
AB1038, s. 160
12Section
160. 854.21 (1) (a) 1., 2. and 3. of the statutes are repealed.
AB1038, s. 161
13Section
161. 854.21 (1) (b) of the statutes is amended to read:
AB1038,52,1914
854.21
(1) (b) Except as provided in sub. (7), a gift
under par. (a) of property by
15a governing instrument to a class of persons described as "issue," "lawful issue,"
16"children," "grandchildren," "descendants," "heirs," "heirs of the body," "next of kin,"
17"distributees," or the like excludes a birth child and his or her issue otherwise within
18the class if the birth child has been adopted and would cease to be
treated as a child
19of the birth parent under s. 854.20 (2).
AB1038, s. 162
20Section
162. 854.21 (7) of the statutes is amended to read:
AB1038,52,2521
854.21
(7) Contrary intent. This section does not apply if If the transfer is
22made under a governing instrument and
there is a finding of contrary intent of the
23person who executed the governing instrument
had an intent contrary to any
24provision in this section, then that provision is inapplicable to the transfer. Extrinsic
25evidence may be used to construe
that the intent.
AB1038, s. 163
1Section
163. 854.22 (4) of the statutes is amended to read:
AB1038,53,62
854.22
(4) Contrary intent. This section does not apply if If the transfer is
3made under a governing instrument and
there is a finding of contrary intent of the
4person who executed the governing instrument
had an intent contrary to any
5provision in this section, then that provision is inapplicable to the transfer. Extrinsic
6evidence may be used to construe
that the intent.
AB1038, s. 164
7Section
164. 854.23 (1) of the statutes is amended to read:
AB1038,53,118
854.23
(1) Definition. In this section, "governing instrument" includes
an
9instrument described in s. 854.01, a filed verified statement under s. 865.201, a
10certificate under s. 867.046 (1m)
, a confirmation under s. 867.046 (2), or a recorded
11application under s. 867.046 (5).
AB1038, s. 165
12Section
165. 856.05 (5) of the statutes is amended to read:
AB1038,53,1513
856.05
(5) Applicability of section. This section applies to wills
, codicils,
14documents incorporated by reference under s. 853.32 (1) or (2) and information
15needed for proof of a
lost missing will under s. 856.17.
AB1038, s. 166
16Section
166. 856.15 (1) of the statutes is amended to read:
AB1038,53,2417
856.15
(1) Generally. The court may grant probate of an uncontested will on
18the execution in open court by one of the subscribing witnesses of a sworn statement
19that the will was executed as required by the statutes and that the testator was of
20sound mind, of full age
, and not acting under any restraint at the time of the
21execution thereof. If an uncontested will contains an attestation clause showing
22compliance with the requirements for execution under s. 853.03 or 853.05
or includes
23an affidavit in substantially the form under s. 853.04 (1) or (2), the court may grant
24probate without any testimony or other evidence.
AB1038, s. 167
25Section
167. 856.16 of the statutes is repealed and recreated to read:
AB1038,54,3
1856.16 Self-proved will. (1) Unless there is proof of fraud or forgery in
2connection with the affidavit, if a will includes an affidavit in substantially the form
3under s. 853.04 (1) or (2), all of the following apply:
AB1038,54,54
(a) The will is conclusively presumed to have been executed in compliance with
5s. 853.03.
AB1038,54,76
(b) Other requirements related to the valid execution of the will are rebuttably
7presumed.
AB1038,54,98
(c) A signature affixed to the affidavit is considered a signature affixed to the
9will, if necessary to prove the due execution of the will.
AB1038,54,11
10(2) Admission of a will under s. 856.13 or 856.15 is not dependent on the
11existence of a valid affidavit under s. 853.04.
AB1038, s. 168
12Section
168. 856.17 of the statutes is amended to read:
AB1038,54,17
13856.17 Lost Missing will, how proved. If any will is lost, destroyed by
14accident
or, destroyed without the testator's consent
, unavailable but revived under
15s. 853.11 (6), or otherwise missing, the court has power to take proof of the execution
16and validity of the will and to establish the same. The petition for the probate of the
17will shall set forth the provisions
thereof of the will.
AB1038, s. 169
18Section
169. 857.03 (2) of the statutes is renumbered 766.31 (3) (b) 3., and
19766.31 (3) (b) 3. (intro.) and a., as renumbered, are amended to read:
AB1038,55,220
766.31
(3) (b) 3. (intro.) The surviving spouse and a distributee who is a
21successor in interest to all or part of the decedent's one-half interest in marital
22property may petition the court to approve an exchange of interests in the marital
23property
authorized under subd. 1. or 2., but court approval of the exchange is not
24required for the agreement under subd. 1. or 2. to be effective. If the court approves
25the exchange, the
personal representative surviving spouse and the distributee shall
1exchange their respective interests in 2 or more items of marital property and
2distribute the items in a manner to conform with the exchange. The exchange shall:
AB1038,55,43
a. Occur before the final distribution of the
estate
assets under the governing
4instrument;
AB1038, s. 170
5Section
170. 857.03 (2m) of the statutes is created to read:
AB1038,55,86
857.03
(2m) The surviving spouse and the personal representative may
7petition the court to approve an exchange of interests in marital property as provided
8in s. 766.31 (3) (b) 3.
AB1038, s. 171
9Section
171. 859.01 of the statutes is amended to read:
AB1038,55,15
10859.01 Time for filing claims. When an application for administration is
11filed, the court, or the probate registrar under informal administration proceedings,
12shall by order set a date as the deadline for filing a claim against the decedent's
13estate. The date shall be not less than 3 nor more than 4 months from the date of the
14order.
If a claim is not filed by the deadline, the consequences provided in s. 859.02
15apply.
AB1038, s. 172
16Section
172. 859.02 (2m) of the statutes is created to read:
AB1038,55,1717
859.02
(2m) (a) A claim based on a tort is subject to s. 859.45.
AB1038,55,1818
(b) A claim of a creditor without notice is subject to s. 859.48.
AB1038, s. 173
19Section
173. 861.01 (3) of the statutes is renumbered 766.31 (7m) and
20amended to read:
AB1038,55,2521
766.31
(7m) Personal injury damages; lost earnings. To the extent that
22marital property includes damages for loss of future income arising from a personal
23injury claim of
the a surviving spouse, the surviving spouse is entitled to receive as
24individual property that portion of the award that represents an income substitute
25after the death of the other spouse.
AB1038, s. 174
1Section
174. 861.01 (3m) of the statutes is created to read:
AB1038,56,42
861.01
(3m) Personal injury damages; lost earnings. Section 766.31 (7m)
3determines the rights of a surviving spouse to that part of a personal injury claim
4that represents future lost earnings of the surviving spouse.
AB1038, s. 175
5Section
175. 861.01 (4) of the statutes is created to read:
AB1038,56,86
861.01
(4) Enforcement of surviving spouse's marital property rights in
7nonprobate assets. Section 766.70 applies to enforcement of a surviving spouse's
8marital property rights in nonprobate assets.
AB1038, s. 176
9Section
176. 861.01 (5) of the statutes is created to read:
AB1038,56,1110
861.01
(5) Division of marital property on aggregate basis. Section 766.31
11(3) (b) determines how marital property may be divided upon the death of a spouse.
AB1038, s. 177
12Section
177. Subchapter II (title) of chapter 861 [precedes 861.018] of the
13statutes is amended to read:
AB1038,56,1414
CHAPTER 861
AB1038,56,1815
SUBCHAPTER II
16ELECTIVE SHARE IN
17DEFERRED MARITAL PROPERTY
18elective share amount
AB1038, s. 178
19Section
178. 861.02 (title) of the statutes is amended to read:
AB1038,56,20
20861.02 (title)
Deferred marital property elective share amount.
AB1038, s. 179
21Section
179. 861.02 (2) (b) (intro.) of the statutes is amended to read:
AB1038,57,222
861.02
(2) (b) (intro.) The augmented deferred marital property estate is the
23total value of the deferred marital property of the spouses, irrespective of where the
24property was acquired
, where the property was located at the time of a relevant
25transfer, or where the property is currently located, including real property located
1in another jurisdiction. It includes all types of property that fall within any of the
2following categories:
AB1038, s. 180
3Section
180. 861.02 (4) of the statutes is amended to read:
AB1038,57,84
861.02
(4) Satisfaction. Satisfaction of the augmented deferred marital
5property elective share
amount is governed by ss. 861.06, 861.07
, and 861.11
,
6irrespective of where the property was acquired, where the property was located at
7the time of a relevant transfer, or where the property is currently located, including
8real property located in another jurisdiction.
AB1038, s. 181
9Section
181. 861.02 (6) of the statutes is amended to read:
AB1038,57,1110
861.02
(6) Waiver. Waiver of the deferred marital property elective share
11amount is governed by s. 861.10.
AB1038, s. 182
12Section
182. 861.02 (7) (b) of the statutes is amended to read:
AB1038,57,1513
861.02
(7) (b) If a decedent who is not domiciled in this state owns real property
14in this state, the
right rights of the surviving spouse
to take an elective share in that
15property
is are governed by s. 861.20.
AB1038, s. 183
16Section
183. 861.02 (8) of the statutes is repealed and recreated to read:
AB1038,57,1917
861.02
(8) Effect if death caused by spouse. Section 854.14 (2) (c) and (3m)
18(d) applies to election of deferred marital property if the decedent's surviving spouse
19unlawfully and intentionally killed the decedent.
AB1038, s. 185
21Section
185. 861.04 (2m) of the statutes is created to read:
AB1038,57,2422
861.04
(2m) When the surviving spouse is treated as the decedent under sub.
23(1), the decedent is not treated as the surviving spouse for the purposes of s. 861.05
24(1) (e) or (2m).