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9Acknowledgment
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STATE OF WISCONSIN
)
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.... County
)
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Personally came before me this .... day of ...., .... (year) the above named .... to
14me known to be the person who executed the foregoing instrument and acknowledge
15the same.
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Notary Public ...., .... County, Wisconsin.
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My Commission is permanent.
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(If not, state expiration date: ...., .... (year))
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(Signatures may be authenticated or
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acknowledged. Both are not necessary.)
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*Names of persons signing in any capacity should be
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typed or printed below their signatures.
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24Termination of statutory terminable
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25marital property classification agreement
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1I UNDERSTAND THAT:
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1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS
3NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.588
4(4) OF THE WISCONSIN STATUTES.
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2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE
6CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION
7BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION
8BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL
9PROPERTY LAW.
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3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS
11UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE
12CREDIT IS EXTENDED.
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The undersigned terminates the statutory terminable marital property
14classification agreement entered into by me and my spouse on .... (date last spouse
15signed the agreement) under section 766.588 of the Wisconsin Statutes.
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Signature: ....
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Print Name Here: ....
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Residence Address: ....
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20Schedule "A"
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21Financial Disclosure
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The following general categories of assets and liabilities are not all inclusive
23and if other assets or liabilities exist they should be listed. Assets should be listed
24according to which spouse has title (including assets owned by a spouse or the
25spouses with one or more third parties) and at their approximate market value.
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1Husband Wife
Spouse (Name) Spouse (Name)
Both Names
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A.
Real estate (gross value)
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B.
Stocks, bonds and mutual funds
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C.
Accounts at and certificates or other
6instruments issued by financial institutions
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D.
Mortgages, land contracts, promissory notes
8and cash
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E.
Partnership interests
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EL.
Limited liability company interests
.
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F.
Trust interests
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G.
Livestock, farm products, crops
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H.
Automobiles and other vehicles
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I.
Jewelry and personal effects
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J.
Household furnishings
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K.
Life insurance and annuities:
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1.
Face value
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2.
Cash surrender value
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L.
Retirement benefits (include value):
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1.
Pension plans
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2.
Profit sharing plans
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3.
HR-10 KEOGH plans
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5.
Deferred compensation plans
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M.
Other assets not listed elsewhere
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1II.
Obligations (total outstanding balance):
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A.
Mortgages and liens
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B.
Credit cards
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C.
Other obligations to financial institutions
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D.
Alimony, maintenance and child support (per
6month)
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E.
Other obligations (such as other obligations
8to individuals, guarantees, contingent
9liabilities)
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III.
Annual compensation for services:
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(for example, wages and income from
12self-employment; also include social security,
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disability and similar income here)
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(IF YOU NEED ADDITIONAL SPACE,
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ADD ADDITIONAL SHEETS)
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16Section
116. 766.589 (10) (form) 14. of the statutes is amended to read:
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766.589
(10) (form) 14. IF AFTER ENTERING INTO THIS AGREEMENT
18ONE OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU
19ARE URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED
20EFFECTIVENESS OF THIS AGREEMENT.
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21Statutory terminable individual
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22Property classification agreement
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(Pursuant to Section 766.589, Wisconsin Statutes)
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This agreement is entered into by .... and .... (
husband and wife who are
25married) (who intend to marry) (strike one). The parties hereby classify the marital
1property owned by them when this agreement becomes effective, and property
2acquired during the term of this agreement which would otherwise have been
3marital property, as the individual property of the owning spouse. The parties agree
4that ownership of such property shall be determined by the name in which the
5property is held and, if property is not held by either or both spouses, ownership shall
6be determined as if the parties were unmarried persons when the property was
7acquired.
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Upon the death of either spouse the surviving spouse may, except as otherwise
9provided in a subsequent marital property agreement, and regardless of whether
10this agreement has terminated, elect against the property of the decedent spouse as
11provided in section 766.589 (7) of the Wisconsin Statutes.
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One spouse may terminate this agreement at any time by giving signed notice
13of termination to the other spouse. Notice of termination by a spouse is given upon
14personal delivery or when sent by certified mail to the other spouse's last-known
15address. The agreement terminates 30 days after such notice is given.
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The parties (have) (have not) (strike one) completed Schedule "A", "Financial
17Disclosure", attached to this agreement. If Schedule "A" has not been completed, the
18duration of this agreement is 3 years after both parties have signed the agreement.
19If Schedule "A" has been completed, the duration of this agreement is not limited to
203 years after it is signed.
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IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3
22YEARS, MAKE SURE THAT SCHEDULE "A", "FINANCIAL DISCLOSURE", IS
23COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE
24SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY
25ENTERED INTO A STATUTORY TERMINABLE INDIVIDUAL PROPERTY
1CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS
2EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR
3SPOUSE DID NOT COMPLETE SCHEDULE "A", YOU MAY NOT EXECUTE THIS
4AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE "A".
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Signature of One Spouse: ....
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Print Name Here: ....
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Residence Address: ....
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(Make Sure Your Signature is Authenticated or Acknowledged Below.)
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10Authentication
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Signature .... authenticated this .... day of ...., .... (year)
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TITLE: MEMBER STATE BAR OF WISCONSIN
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(If not, .... authorized by s. 706.06, Wis. Stats.)
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15Acknowledgment
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STATE OF WISCONSIN
)
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.... County
)
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Personally came before me this .... day of ...., .... (year) the above named .... to
20me known to be the person who executed the foregoing instrument and acknowledge
21the same.
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Notary Public ...., .... County, Wisconsin.
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My Commission is permanent.