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2015 - 2016 LEGISLATURE
May 14, 2015 - Introduced by Representatives Kleefisch, Kitchens, A. Ott, Knodl,
Edming and Tittl, cosponsored by Senator Harris Dodd. Referred to
Committee on Children and Families.
AB218,1,2 1An Act to create 851.21 (2) (f) and 852.14 of the statutes; relating to:
2inheritance by a parent who abandons a child.
Analysis by the Legislative Reference Bureau
Under current law, if a child dies intestate, the parents of the deceased child
inherit the child's estate if the child was not married and did not have any children
of his or her own. This bill prohibits a parent who abandoned a deceased child, as
determined by a court, from inheriting the child's estate by intestate succession.
Under the bill, a parent abandoned a deceased child if, for at least one year before
the child's death and without cause, the parent failed to communicate with the child,
care for the child, and provide for the child's maintenance and support. A parent who
is prohibited from inheriting from a deceased child due to abandonment is not
considered an heir of the child.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB218,1 3Section 1. 851.21 (2) (f) of the statutes is created to read:
AB218,1,54 851.21 (2) (f) A parent who is barred from inheriting from his or her child's
5intestate estate under s. 852.14 (3).
AB218,2 6Section 2. 852.14 of the statutes is created to read:
AB218,2,3
1852.14 Inheritance by a parent who abandons a child. (1) In this section,
2"abandoned" means failed without cause to do all of the following for at least one year
3immediately before the death of a minor child:
AB218,2,44 (a) Communicate with the minor.
AB218,2,55 (b) Care for the minor as required by law or court order.
AB218,2,76 (c) Provide for the minor's maintenance or support as required by law or court
7order.
AB218,2,11 8(2) (a) A personal representative of a minor who died intestate who has actual
9knowledge or reasonable cause to believe that the minor was abandoned by a parent
10shall file a petition with the probate court with jurisdiction for a determination that
11the parent abandoned the child.
AB218,2,1412 (b) Any interested person may file a petition with a probate court with
13jurisdiction for a determination that a parent of a minor who died intestate
14abandoned the minor.
AB218,2,19 15(3) Notwithstanding s. 852.01 (1), if a court determines that a parent
16abandoned his or her minor child and the child died intestate while a minor, the
17parent may not inherit from the child's estate under s. 852.01. If a parent is barred
18from inheriting from a child's estate under this section, the child's estate passes
19under s. 852.01 as if the parent predeceased the child.
AB218,2,22 20(4) A parent who is barred from inheriting from a child's estate under sub. (3)
21is not considered an heir of the child beginning on the date a court determined that
22the parent abandoned the child.
AB218,3 23Section 3. Initial applicability.
AB218,3,2
1(1) This act first applies to the estate of a minor whose death occurs on the
2effective date of this subsection.
AB218,3,33 (End)
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