AB75-ASA1, s. 3250 12Section 3250. 853.12 (title) of the statutes is amended to read:
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, s. 3252 14Section 3252. 854.15 (title) of the statutes is amended to read:
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, s. 3254 23Section 3254. 854.15 (1) (b) 2. of the statutes is created to read:
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, s. 3255 4Section 3255. 854.15 (1) (c) of the statutes is amended to read:
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, s. 3256 8Section 3256. 854.15 (5) (am) 5. of the statutes is amended to read:
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, s. 3257 11Section 3257. 859.25 (1) (g) of the statutes is amended to read:
AB75-ASA1,1658,1312 859.25 (1) (g) Property assigned to the surviving spouse or surviving domestic
13partner
under s. 861.41.
AB75-ASA1, s. 3258 14Section 3258. 861.21 (title) of the statutes is amended to read:
AB75-ASA1,1658,16 15861.21 (title) Assignment of home to surviving spouse or surviving
16domestic partner
.
AB75-ASA1, s. 3259 17Section 3259. 861.21 (1) (b) of the statutes is amended to read:
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.