852.01 Annotation
Sub. (1) (a) 2. entitles the surviving spouse to one-half of the decedent's nonmarital property. However, it assigns the survivor no interest in their marital property. Therefore, under sub. (1) (b), all of the decedent's interest in marital property passes to the decedent's issue. Estate of Carroll,
2001 WI App 120,
244 Wis. 2d 280,
628 N.W.2d 411,
00-1734.
852.01 Annotation
Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
852.03(3)
(3) Relatives of the half blood. Inheritance rights of relatives of the half blood are governed by
s. 854.21 (4).
852.03(4)
(4) Posthumous heirs. Inheritance rights of a person specified in
s. 852.01 (1) who was born after the death of the decedent are governed by
s. 854.21 (5).
852.03(5)
(5) Related through 2 lines. Inheritance rights of a person who is related to the decedent through 2 lines of relationship are governed by
s. 854.21 (6).
852.03(6)
(6) Taking through or by alien. No person is disqualified from taking as an heir because the person or a person through whom he or she claims is not or at some time was not a U.S. citizen. The rights of an alien to acquire or hold land in the state are governed by
ss. 710.01 to
710.03.
852.03 History
History: 1993 a. 486;
1997 a. 188.
852.05
852.05
Status of child born to unmarried parents for purposes of intestate succession. 852.05(1)
(1) A child born to unmarried parents, or the child's issue, is treated in the same manner as a child, or the issue of a child, born to married parents with respect to intestate succession from and through the child's mother, and from and through the child's father if any of the following applies:
852.05(1)(a)
(a) 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.
852.05(1)(b)
(b) The father has admitted in open court that he is the father.
852.05(1)(c)
(c) The father has acknowledged himself to be the father in writing signed by him.
852.05(2)
(2) Property of a 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. 767.805 or a substantially similar law of another state.
852.05(3)(a)(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. 767.803.
852.05(3)(b)
(b) The status of a child born to unmarried parents who is legally adopted is governed by
s. 854.20.
852.05 Annotation
Although a paternity proceeding may not be maintained posthumously, sub. (1) does not deny equal protection or due process to posthumous nonmarital children. In re Estate of Blumreich,
84 Wis. 2d 545,
267 N.W.2d 870 (1978).
852.05 Annotation
The court properly looked to extrinsic evidence to determine whether a signed letter constituted a reasonably clear and certain acknowledgment of paternity. C. R. v. American Standard Ins. Co.
113 Wis. 2d 12,
334 N.W.2d 121 (Ct. App. 1983).
852.05 Annotation
One claiming to be a nonmarital child under sub. (1) must first prove that status and overcome any presumption of paternity in effect. In Matter of Estate of Schneider,
150 Wis. 2d 286,
441 N.W.2d 335 (Ct. App. 1989).
852.05 Annotation
Section 893.88, limiting only an action for the establishment of paternity, does not preclude a motion for the purpose of determining paternity in a probate proceeding. DiBenedetto v. Jaskolski,
2003 WI App 70,
261 Wis. 2d 723,
661 N.W.2d 869,
01-2189.
852.09
852.09
Assignment of home to surviving spouse or surviving domestic partner. If the intestate estate includes an interest in a home, assignment of that interest to the surviving spouse or surviving domestic partner is governed by
s. 861.21.
852.10
852.10
Disinheritance from intestate share. 852.10(1)
(1) A decedent's will may exclude or limit the right of an individual or class to succeed to property passing by intestate succession.
852.10(2)
(2) The share of the intestate estate that would have passed to the individual or class described in
sub. (1) passes as if the individual or each member of the class had disclaimed his or her intestate share under
s. 854.13.
852.10(3)
(3) This section does not apply if the individual or all members of the class described in
sub. (1) predecease the testator.
852.10 History
History: 1997 a. 188.
852.11
852.11
Advancement. The effect of a lifetime gift by the decedent on the intestate share of an heir is governed by
s. 854.09.
852.11 History
History: 1993 a. 486;
1997 a. 188.
852.12
852.12
Debts to decedent. If an heir owes a debt to the decedent,
s. 854.12 governs the treatment of that debt.
852.12 History
History: 1997 a. 188;
2005 a. 216.
852.13
852.13
Right to disclaim intestate share. Any person to whom property would otherwise pass under
s. 852.01 may disclaim all or part of the property as provided under
s. 854.13.
