AB75-ASA1,1656,13
13853.12 (title)
Premarital will or predomestic partnership will.
AB75-ASA1, s. 3251
14Section
3251. 853.12 (1), (2) (intro.) and (a), (3) (a) and (b) and (4) (a) of the
15statutes are amended to read:
AB75-ASA1,1656,2016
853.12
(1) Entitlement of surviving spouse
or surviving domestic partner. 17Subject to sub. (3), if the testator married the surviving spouse
or recorded a domestic
18partnership under ch. 770 with the surviving domestic partner after the testator
19executed his or her will, the surviving spouse
or surviving domestic partner is
20entitled to a share of the probate estate.
AB75-ASA1,1656,25
21(2) Value of share. (intro.) The value of the share under sub. (1) is the value
22of the share that the surviving spouse
or surviving domestic partner would have
23received had the testator died with an intestate estate equal to the value of the
24testator's net estate, but the value of the net estate shall first be reduced by the value
25of all of the following:
AB75-ASA1,1657,4
1(a) All devises to or for the benefit of the testator's children who were born
2before the marriage to the surviving spouse
or the domestic partnership with the
3surviving domestic partner and who are not also the children of the surviving spouse
4or surviving domestic partner.
AB75-ASA1,1657,7
5(3) (a) It appears from the will or other evidence that the will was made in
6contemplation of the testator's marriage to the surviving spouse
or domestic
7partnership with the surviving domestic partner.
AB75-ASA1,1657,118
(b) It appears from the will or other evidence that the will is intended to be
9effective notwithstanding any subsequent marriage
or domestic partnership, or
10there is sufficient evidence that the testator considered revising the will after
11marriage
or domestic partnership but decided not to.
AB75-ASA1,1657,13
12(4) (a) Amounts received by the surviving spouse under s. 861.02 and devises
13made by will to the surviving spouse
or surviving domestic partner are applied first.
AB75-ASA1,1657,16
15854.15 (title)
Revocation of provisions in favor of former spouse or
16former domestic partner.
AB75-ASA1, s. 3253
17Section
3253. 854.15 (1) (b) of the statutes is renumbered 854.15 (1) (b) (intro.)
18and amended to read:
AB75-ASA1,1657,2019
854.15
(1) (b) (intro.) "Divorce, annulment or similar event" means any
of the
20following:
AB75-ASA1,1657,22
211. A divorce,
any annulment
, or
any other event or proceeding that would
22exclude a spouse as a surviving spouse under s. 851.30.
AB75-ASA1,1658,3
1854.15
(1) (b) 2. A termination of a domestic partnership or other event or
2proceeding that would exclude a person as a surviving domestic partner under s.
3851.295.
AB75-ASA1,1658,75
854.15
(1) (c) "Former spouse" means a person whose marriage to the decedent
6or domestic partnership with the decedent has been the subject of a divorce,
7annulment or similar event.
AB75-ASA1,1658,109
854.15
(5) (am) 5. The decedent and the former spouse have remarried
or
10entered into a new domestic partnership before the death of the decedent.
AB75-ASA1,1658,1312
859.25
(1) (g) Property assigned to the surviving spouse
or surviving domestic
13partner under s. 861.41.
AB75-ASA1,1658,16
15861.21 (title)
Assignment of home to surviving spouse or surviving
16domestic partner.
AB75-ASA1,1659,218
861.21
(1) (b) "Home" means any dwelling in which the decedent had an
19interest and that at the time of the decedent's death the surviving spouse
or surviving
20domestic partner occupies or intends to occupy. If there are several such dwellings,
21any one may be designated by the surviving spouse
or surviving domestic partner.
22"Home" includes a house, a mobile home, a manufactured home, a duplex or multiple
23apartment building one unit of which is occupied by the surviving spouse
or
24surviving domestic partner and a building used in part for a dwelling and in part for
25commercial or business purposes. "Home" includes all of the surrounding land,
1unless the court sets off part of the land as severable from the remaining land under
2sub. (5).
AB75-ASA1, s. 3260
3Section
3260. 861.21 (2), (4) and (5) of the statutes are amended to read:
AB75-ASA1,1659,134
861.21
(2) Decedent's property interest in home. Subject to subs. (4) and (5),
5if a married decedent
or decedent in a domestic partnership has a property interest
6in a home, the decedent's entire interest in the home shall be assigned to the
7surviving spouse
or surviving domestic partner if the surviving spouse
or surviving
8domestic partner petitions the court requesting such a distribution and if a
9governing instrument does not provide a specific transfer of the decedent's interest
10in the home to someone other than the surviving spouse
or surviving domestic
11partner. The surviving spouse
or surviving domestic partner shall file the petition
12within 6 months after the decedent's death, unless the court extends the time for
13filing.
AB75-ASA1,1659,23
14(4) Payment by surviving spouse or surviving domestic partner. The court
15shall assign the interest in the home under sub. (2) to the surviving spouse
or
16surviving domestic partner upon payment of the value of the decedent's interest in
17the home that does not pass to the surviving spouse
or surviving domestic partner 18under intestacy or under a governing instrument. Payment shall be made to the
19fiduciary holding title to the interest. The surviving spouse
or surviving domestic
20partner may use assets due him or her from the fiduciary to satisfy all or part of the
21payment in kind. Unless the court extends the time, the surviving spouse
or
22surviving domestic partner shall have one year from the decedent's death to pay the
23value of the assigned interest.