AB75-ASA1, s. 3250 Section 3250. 853.12 (title) of the statutes is amended to read:

AB75-ASA1,1656,13 853.12 (title) Premarital will or predomestic partnership will.

AB75-ASA1, s. 3251 Section 3251. 853.12 (1), (2) (intro.) and (a), (3) (a) and (b) and (4) (a) of the statutes are amended to read:

AB75-ASA1,1656,20 853.12 (1) Entitlement of surviving spouse or surviving domestic partner. Subject to sub. (3), if the testator married the surviving spouse or recorded a domestic partnership under ch. 770 with the surviving domestic partner after the testator executed his or her will, the surviving spouse or surviving domestic partner is entitled to a share of the probate estate.

AB75-ASA1,1656,25 (2) Value of share. (intro.) The value of the share under sub. (1) is the value of the share that the surviving spouse or surviving domestic partner would have received had the testator died with an intestate estate equal to the value of the testator's net estate, but the value of the net estate shall first be reduced by the value of all of the following:

AB75-ASA1,1657,4 (a) All devises to or for the benefit of the testator's children who were born before the marriage to the surviving spouse or the domestic partnership with the surviving domestic partner and who are not also the children of the surviving spouse or surviving domestic partner.

AB75-ASA1,1657,7 (3) (a) It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse or domestic partnership with the surviving domestic partner.

AB75-ASA1,1657,11 (b) It appears from the will or other evidence that the will is intended to be effective notwithstanding any subsequent marriage or domestic partnership, or there is sufficient evidence that the testator considered revising the will after marriage or domestic partnership but decided not to.

AB75-ASA1,1657,13 (4) (a) Amounts received by the surviving spouse under s. 861.02 and devises made by will to the surviving spouse or surviving domestic partner are applied first.

AB75-ASA1, s. 3252 Section 3252. 854.15 (title) of the statutes is amended to read:

AB75-ASA1,1657,16 854.15 (title) Revocation of provisions in favor of former spouse or former domestic partner.

AB75-ASA1, s. 3253 Section 3253. 854.15 (1) (b) of the statutes is renumbered 854.15 (1) (b) (intro.) and amended to read:

AB75-ASA1,1657,20 854.15 (1) (b) (intro.) "Divorce, annulment or similar event" means any of the following:

AB75-ASA1,1657,22 1. A divorce, any annulment, or any other event or proceeding that would exclude a spouse as a surviving spouse under s. 851.30.

AB75-ASA1, s. 3254 Section 3254. 854.15 (1) (b) 2. of the statutes is created to read:

AB75-ASA1,1658,3 854.15 (1) (b) 2. A termination of a domestic partnership or other event or proceeding that would exclude a person as a surviving domestic partner under s. 851.295.

AB75-ASA1, s. 3255 Section 3255. 854.15 (1) (c) of the statutes is amended to read:

AB75-ASA1,1658,7 854.15 (1) (c) "Former spouse" means a person whose marriage to the decedent or domestic partnership with the decedent has been the subject of a divorce, annulment or similar event.

AB75-ASA1, s. 3256 Section 3256. 854.15 (5) (am) 5. of the statutes is amended to read:

AB75-ASA1,1658,10 854.15 (5) (am) 5. The decedent and the former spouse have remarried or entered into a new domestic partnership before the death of the decedent.

AB75-ASA1, s. 3257 Section 3257. 859.25 (1) (g) of the statutes is amended to read:

AB75-ASA1,1658,13 859.25 (1) (g) Property assigned to the surviving spouse or surviving domestic partner under s. 861.41.

AB75-ASA1, s. 3258 Section 3258. 861.21 (title) of the statutes is amended to read:

AB75-ASA1,1658,16 861.21 (title) Assignment of home to surviving spouse or surviving domestic partner.

AB75-ASA1, s. 3259 Section 3259. 861.21 (1) (b) of the statutes is amended to read:

AB75-ASA1,1659,2 861.21 (1) (b) "Home" means any dwelling in which the decedent had an interest and that at the time of the decedent's death the surviving spouse or surviving domestic partner occupies or intends to occupy. If there are several such dwellings, any one may be designated by the surviving spouse or surviving domestic partner. "Home" includes a house, a mobile home, a manufactured home, a duplex or multiple apartment building one unit of which is occupied by the surviving spouse or surviving domestic partner and a building used in part for a dwelling and in part for commercial or business purposes. "Home" includes all of the surrounding land, unless the court sets off part of the land as severable from the remaining land under sub. (5).

AB75-ASA1, s. 3260 Section 3260. 861.21 (2), (4) and (5) of the statutes are amended to read:

AB75-ASA1,1659,13 861.21 (2) Decedent's property interest in home. Subject to subs. (4) and (5), if a married decedent or decedent in a domestic partnership has a property interest in a home, the decedent's entire interest in the home shall be assigned to the surviving spouse or surviving domestic partner if the surviving spouse or surviving domestic partner petitions the court requesting such a distribution and if a governing instrument does not provide a specific transfer of the decedent's interest in the home to someone other than the surviving spouse or surviving domestic partner. The surviving spouse or surviving domestic partner shall file the petition within 6 months after the decedent's death, unless the court extends the time for filing.

AB75-ASA1,1659,23 (4) Payment by surviving spouse or surviving domestic partner. The court shall assign the interest in the home under sub. (2) to the surviving spouse or surviving domestic partner upon payment of the value of the decedent's interest in the home that does not pass to the surviving spouse or surviving domestic partner under intestacy or under a governing instrument. Payment shall be made to the fiduciary holding title to the interest. The surviving spouse or surviving domestic partner may use assets due him or her from the fiduciary to satisfy all or part of the payment in kind. Unless the court extends the time, the surviving spouse or surviving domestic partner shall have one year from the decedent's death to pay the value of the assigned interest.