SB464,130,2412
815.20
(1) An exempt homestead as defined in s. 990.01 (14) selected by a
13resident owner and occupied by him or her shall be exempt from execution, from the
14lien of every judgment, and from liability for the debts of the owner to the amount
15of $75,000, except mortgages, laborers', mechanics', and purchase money liens
, and
16taxes
, and except as otherwise provided. The exemption shall not be impaired by
17temporary removal with the intention to reoccupy the premises as a homestead nor
18by the sale of the homestead, but shall extend to the proceeds derived from the sale
19to an amount not exceeding $75,000, while held, with the intention to procure
20another homestead with the proceeds, for 2 years. The exemption extends to land
21owned by
husband and wife spouses jointly or in common or as marital property, and
22each spouse may claim a homestead exemption of not more than $75,000. The
23exemption extends to the interest therein of tenants in common, having a homestead
24thereon with the consent of the cotenants, and to any estate less than a fee.
SB464,300
25Section 300
. 822.40 (4) of the statutes is amended to read:
SB464,131,4
1822.40
(4) A privilege against disclosure of communications between spouses
2and a defense of immunity based on the relationship
of husband and wife between
3spouses or parent and child may not be invoked in a proceeding under this
4subchapter.
SB464,301
5Section 301
. 851.30 (2) (a) of the statutes is amended to read:
SB464,131,106
851.30
(2) (a) An individual who obtains or consents to a final decree or
7judgment of divorce from the decedent or an annulment of their marriage, if the
8decree or judgment is not recognized as valid in this state, unless they subsequently
9participate in a marriage ceremony purporting to marry each other or they
10subsequently hold themselves out as
husband and wife
married to each other.
SB464,302
11Section
302. 852.01 (1) (d) of the statutes is amended to read:
SB464,131,1412
852.01
(1) (d) If there is no surviving spouse, surviving domestic partner, issue,
13or parent, to the
brothers and sisters siblings and the issue of any deceased
brother
14or sister sibling per stirpes.
SB464,303
15Section 303
. 852.01 (1) (f) 1. of the statutes is amended to read:
SB464,131,1916
852.01
(1) (f) 1. One-half to the
maternal grandparents
on one side equally if
17both survive, or to the surviving
maternal grandparent
on that side; if both
maternal 18grandparents
on that side are deceased, to the issue of the
maternal grandparents
19on that side or either of them, per stirpes.
SB464,304
20Section 304
. 852.01 (1) (f) 2. of the statutes is amended to read:
SB464,131,2221
852.01
(1) (f) 2. One-half to the
paternal relations
on the other side in the same
22manner as to the
maternal relations under subd. 1.
SB464,305
23Section 305
. 852.01 (1) (f) 3. of the statutes is amended to read:
SB464,132,3
1852.01
(1) (f) 3. If either
the maternal side or the paternal side has no surviving
2grandparent or issue of a grandparent, the entire estate to the decedent's relatives
3on the other side.
SB464,306
4Section 306
. 852.05 (1) and (2) of the statutes are amended to read:
SB464,132,95
852.05
(1) A child born to unmarried parents, or the child's issue, is treated in
6the same manner as a child, or the issue of a child, born to married parents with
7respect to intestate succession from and through the
child's mother person who gave
8birth to the child, and from and through the child's
father other parent if any of the
9following applies
to the person alleged to be the other parent of the child:
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(a) The
father person has been adjudicated to be
the father a parent of the child 11in a
paternity parentage proceeding under ch. 767 or by final order or judgment of
12a court of competent jurisdiction in another state.
SB464,132,1413
(b) The
father person has admitted in open court
that he is the father to being
14the parent of the child.
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(c) The
father person has acknowledged
himself to be the father parentage in
16writing signed by
him the person.
SB464,132,23
17(2) Property of a child born to unmarried parents passes in accordance with s.
18852.01 except that
the father or the father's kindred a parent who did not give birth
19to the child, or the kindred of such a parent, can inherit only if
the father the parent 20has been adjudicated to be the
father parent of the child in a
paternity parentage 21proceeding under ch. 767 or by final order or judgment of a court of competent
22jurisdiction in another state or has been determined to be the
father parent under
23s. 767.804 or 767.805 or a substantially similar law of another state.
SB464,307
24Section 307
. 854.03 (3) of the statutes is amended to read:
SB464,133,7
1854.03
(3) Marital property. Except as provided in subs. (4) and (5), if
a
2husband and wife 2 spouses die leaving marital property and it is not established
3that one survived the other by at least 120 hours, 50 percent of the marital property
4shall be distributed as if it were
the husband's
the first spouse's individual property
5and the
husband 2nd spouse had survived, and 50 percent of the marital property
6shall be distributed as if it were the
wife's
2nd spouse's individual property and the
7wife first spouse had survived.
SB464,308
8Section 308
. 891.39 (title) of the statutes is amended to read:
SB464,133,10
9891.39 (title)
Presumption as to whether a child is marital or
10nonmarital; self-crimination self-incrimination; birth certificates.
SB464,309
11Section 309
. 891.39 (1) (a) of the statutes is amended to read:
SB464,134,212
891.39
(1) (a) Whenever it is established in an action or proceeding that a child
13was born to a
woman person while
he or she was
the lawful wife of legally married
14to a specified
man person, any party asserting in such action or proceeding that the
15husband was spouse is not the
father parent of the child shall have the burden of
16proving that assertion by a clear and satisfactory preponderance of the evidence. In
17all such actions or proceedings the
husband and the wife spouses are competent to
18testify as witnesses to the facts. The court or judge in such cases shall appoint a
19guardian ad litem to appear for and represent the child whose
paternity parentage 20is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that
21a
man person other than the
husband spouse of the person who gave birth to the child 22is not excluded as the
father parent of the child and that the statistical probability
23of the
man's person's parentage is 99.0 percent or higher constitute a clear and
24satisfactory preponderance of the evidence of the assertion under this paragraph,
1even if the
husband spouse of the person who gave birth to the child is unavailable
2to submit to genetic tests, as defined in s. 767.001 (1m).
SB464,310
3Section 310
. 891.39 (2) (a) of the statutes is amended to read:
SB464,134,104
891.39
(2) (a) The
mother of
person who gave birth to the child shall not be
5excused or privileged from testifying fully in any action or proceeding mentioned in
6sub. (1) in which the determination of whether the child is a marital or nonmarital
7child is involved or in issue, when ordered to testify by a court of record or any judge
8thereof; but
she the person who gave birth to the child shall not be prosecuted or
9subjected to any penalty or forfeiture for or on account of testifying or producing
10evidence, except for perjury committed in giving the testimony.
SB464,311
11Section 311
. 891.39 (3) of the statutes is amended to read:
SB464,134,1812
891.39
(3) If any court under this section adjudges a child to be a nonmarital
13child, the clerk of court shall report the facts to the state registrar, who shall issue
14a new birth record showing the correct facts as found by the court, and shall dispose
15of the original, with the court's report attached under s. 69.15 (3). If the
husband 16spouse of the person who gave birth to the child is a party to the action and the court
17makes a finding as to whether or not the
husband
spouse is the
father parent of the
18child, such finding shall be conclusive in all other courts of this state.