Chapter 854, TRANSFERS AT DEATH — GENERAL RULES
26 sections in this chapter.
Wis. Stat. § 854.01 Definitions
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854.01 Definitions. In this chapter: (1) “Extrinsic evidence” means evidence that would be inadmissible under the common law parole evidence rule or a similar doctrine because the evidence is not contained in the governing instrument to which it relates. (2) “Governing instrument…
Wis. Stat. § 854.02 Scope
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854.02 Scope. This chapter applies to all statutes and governing instruments that transfer property at death. History: 1997 a. 188. Wisconsin’s New Probate Code. Erlanger. Wis. Law. Oct. 1998. 854.03 Requirement of survival by 120 hours. (1) REQUIREMENT OF SURVIVAL. Except as pro…
Wis. Stat. § 854.03 Requirement of survival by 120 hours
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854.03 Requirement of survival by 120 hours. 854.03(1)(1) Requirement of survival. Except as provided in sub. (5), if property is transferred to an individual under a statute or under a provision in a governing instrument that requires the individual to survive an event and it is…
Wis. Stat. § 854.04 Representation; per stirpes; modified per stirpes; per capita at each generation; per capita
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854.04 Representation; per stirpes; modified per stirpes; per capita at each generation; per capita. (1) BY REPRESENTATION OR PER STIRPES. (a) Except as provided in subs. (5) and (6), if a statute or a governing instrument calls for property to be distributed to the issue or desc…
Wis. Stat. § 854.05 No exoneration of encumbered property
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854.05 No exoneration of encumbered property. (1) DEFINITIONS. In this section: (a) “Debt” includes accrued interest on the debt. (b) “Encumbrance” includes mortgages, liens, pledges and other security agreements that are encumbrances on property. (2) GENERALLY. (a) Except as pro…
Wis. Stat. § 854.06 Predeceased transferee
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854.06 Predeceased transferee. (1) DEFINITIONS. In this section: (a) “Provision in a governing instrument” includes all of the following: 1. A gift to an individual whether or not the individual is alive at the time of the execution of the instrument. 2. A share in a class gift o…
Wis. Stat. § 854.07 Failed transfer and residue
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854.07 Failed transfer and residue. (1) Except as provided in sub. (4) and s. 854.06, if an attempted transfer under a governing instrument fails, the attempted transfer becomes part of the residue of the governing instrument. This subsection does not apply if the attempted trans…
Wis. Stat. § 854.08 Nonademption of specific gifts in certain cases
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854.08 Nonademption of specific gifts in certain cases. (1) ABROGATION OF COMMON LAW. The common law doctrine of ademption by extinction, as it might otherwise apply to the situations governed by this section, is abolished. (2) PROCEEDS OF SALE. (a) Subject to sub. (6), if proper…
Wis. Stat. § 854.09 Advancement; satisfaction
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854.09 Advancement; satisfaction. (1) A gift that the decedent made during his or her lifetime, including an incomplete gift that became complete on the decedent’s death, is treated as a full or partial satisfaction of a transfer at death to an heir under s. 852.01 (1) or a trans…
Wis. Stat. § 854.10 Choice of law
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854.10 Choice of law. The meaning and legal effect of a governing instrument are determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to s. 861.02 or 861.31 or any other public policy of th…
Wis. Stat. § 854.11 Gift of securities
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854.11 Gift of securities. (1) DEFINITION. In this section, “securities” includes all of the following: (a) Any note, stock, treasury stock, bond, debenture, evidence of indebtedness, collateral trust certificate, transferable share or voting trust certificate. (b) Any certificat…
Wis. Stat. § 854.12 Debt to transferor
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854.12 Debt to transferor. (1) HEIR UNDER INTESTACY. (a) If an heir owes a debt to the decedent, the amount of the indebtedness shall be offset against the intestate share of the debtor heir. (b) In contesting an offset under par. (a), the debtor heir shall have the benefit of an…
Wis. Stat. § 854.13 Disclaimer of transfers at death
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854.13 Disclaimer of transfers at death. (1) DEFINITIONS. In this section: (a) “Beneficiary under a governing instrument” includes any person who receives or might receive property under the terms or legal effect of a governing instrument. (c) “Power of appointment” has the meani…
Wis. Stat. § 854.14 Beneficiary who kills decedent
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854.14 Beneficiary who kills decedent. (2) REVOCATION OF BENEFITS. Except as provided in sub. (6), the unlawful and intentional killing of the decedent does all of the following: (a) Revokes a provision in a governing instrument that, by reason of the decedent’s death, does any o…
Wis. Stat. § 854.15 Revocation of provisions in favor of former spouse or former domestic partner
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854.15 Revocation of provisions in favor of former spouse or former domestic partner. (1) DEFINITIONS. In this section: (a) “Disposition of property” means a transfer, including by appointment, of property or any other benefit to a beneficiary designated in a governing instrument…
Wis. Stat. § 854.17 Marital property classification; ownership and division of marital property at death
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854.17 Marital property classification; ownership and division of marital property at death. Classification of the property of a decedent spouse and surviving spouse, and ownership and division of that property at the death of a spouse, are determined under ch. 766 and s. 861.01.…
Wis. Stat. § 854.18 Order in which assets apportioned; abatement
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854.18 Order in which assets apportioned; abatement. 854.18(1)(1) 854.18(1)(a)(a) Except as provided in sub. (3) or in connection with the deferred marital property elective share amount of a surviving spouse who elects under s. 861.02, the share of a surviving spouse who takes u…
Wis. Stat. § 854.19 Penalty clause for contest
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854.19 Penalty clause for contest. A provision in a governing instrument that prescribes a penalty against an interested person for contesting the governing instrument or instituting other proceedings relating to the governing instrument may not be enforced if the court determine…
Wis. Stat. § 854.20 Status of adopted persons
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854.20 Status of adopted persons. (1) INHERITANCE RIGHTS BETWEEN ADOPTIVE PERSON AND ADOPTIVE RELATIVES. (a) Subject to par. (b) and sub. (5), a legally adopted person is treated as a birth child of the person’s adoptive parents and the adoptive parents are treated as the birth p…
Wis. Stat. § 854.21 Persons included in family groups or classes
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854.21 Persons included in family groups or classes. (1) ADOPTED PERSONS. (a) Except as provided in sub. (7), a gift of property by a governing instrument to a class of persons described as “issue,” “lawful issue,” “children,” “grandchildren,” “descendants,” “heirs,” “heirs of th…
Wis. Stat. § 854.22 Form of distribution for transfers to family groups or classes
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854.22 Form of distribution for transfers to family groups or classes. (1) INTERESTS IN HEIRS, NEXT OF KIN AND THE LIKE. Subject to sub. (4), if a statute or governing instrument specifies that a present or future interest is to be created in a designated individual’s “heirs”, “h…
Wis. Stat. § 854.23 Protection of payers and other 3rd parties
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854.23 Protection of payers and other 3rd parties. (1) DEFINITION. In this section, “governing instrument” includes an instrument described in s. 854.01, a filed verified statement under s. 865.201, a certificate under s. 867.046 (1m), a confirmation under s. 867.046 (2), or a re…
Wis. Stat. § 854.24 Protection of buyers
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854.24 Protection of buyers. A person who purchases property for value or who receives property in partial or full satisfaction of a legally enforceable obligation is neither obligated under this chapter to return the property nor liable under this chapter for the value of the pr…
Wis. Stat. § 854.25 Personal liability of recipients not for value
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854.25 Personal liability of recipients not for value. (1) ORIGINAL RECIPIENTS. A person who, not for value, receives property to which the person is not entitled under this chapter shall return the property. If the property is not returned, the recipient shall be personally liab…
Wis. Stat. § 854.26 Effect of federal preemption
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854.26 Effect of federal preemption. If any provision in this chapter is preempted by federal law with respect to property covered by this chapter, a person who receives property, other than for full consideration, which the person is not entitled to receive under this chapter is…
Wis. Stat. § 854.30 Application of certain wills or trusts referring to repealed federal transfer taxes
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854.30 Application of certain wills or trusts referring to repealed federal transfer taxes. (1) A will or trust of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula disposing of certain of the decedent’s property that is determined b…