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:
SB464,132,1210 (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
.
SB464,132,1615 (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.