Chapter 861, PROBATE — FAMILY RIGHTS
21 sections in this chapter.
Wis. Stat. § 861.01 Ownership of marital property at death
5.5K chars
861.01 Ownership of marital property at death. (1) SURVIVING SPOUSE’S ONE-HALF INTEREST IN MARITAL PROPERTY. Upon the death of either spouse, the surviving spouse retains his or her undivided one-half interest in each item of marital property. The surviving spouse’s undivided one…
Wis. Stat. § 861.015 Satisfaction of nonholding spouse’s marital property interest in certain business property
0.2K chars
861.015 Satisfaction of nonholding spouse’s marital property interest in certain business property. SUBCHAPTER II DEFERRED MARITAL PROPERTY ELECTIVE SHARE AMOUNT
Wis. Stat. § 861.018 Definitions
2.3K chars
861.018 Definitions. In this subchapter: (1) “Augmented deferred marital property estate” means the property under s. 861.02 (2). (2) “Deferred individual property” means any property that satisfies all of the following: (a) Is not classified by ch. 766. (b) Was brought to the ma…
Wis. Stat. § 861.02 Deferred marital property elective share amount
13.1K chars
861.02 Deferred marital property elective share amount. (1) AMOUNT. The surviving spouse has the right to elect an amount equal to no more than 50 percent of the augmented deferred marital property estate as determined under sub. (2). (2) AUGMENTED DEFERRED MARITAL PROPERTY ESTAT…
Wis. Stat. § 861.03 Augmented deferred marital property estate: decedent’s probate property and nonprobate or other property transfers
0.1K chars
861.03 Augmented deferred marital property estate: decedent’s probate property and nonprobate or other property transfers.
Wis. Stat. § 861.04 Augmented deferred marital property estate: surviving spouse’s property and transfers to others
0.1K chars
861.04 Augmented deferred marital property estate: surviving spouse’s property and transfers to others.
Wis. Stat. § 861.05 Augmented deferred marital property estate: calculation of property interests
0.1K chars
861.05 Augmented deferred marital property estate: calculation of property interests.
Wis. Stat. § 861.06 Satisfaction of deferred marital property elective share amount
5.7K chars
861.06 Satisfaction of deferred marital property elective share amount. (1) DEFINITION. In this section, “property transferred to the surviving spouse” includes outright transfers that have been disclaimed by the surviving spouse. The term does not include transfers in trust that…
Wis. Stat. § 861.07 Personal liability of recipients
0.2K chars
861.07 Personal liability of recipients. SUBCHAPTER I INTEREST IN MARITAL PROPERTY Cross-reference: See definitions in ch. 851. NOTE: 1985 Wis. Act 37, which created ss. 861.03 to 861.13, contains explanatory notes.
Wis. Stat. § 861.08 Proceeding for election; time limit
2.8K chars
861.08 Proceeding for election; time limit. (1) GENERALLY. Except as the time may be extended under sub. (3), in order to make the election, the surviving spouse shall, within 6 months after the date of the decedent’s death, do all of the following: (a) File a petition for the el…
Wis. Stat. § 861.09 Right of election by or on behalf of surviving spouse
0.4K chars
861.09 Right of election by or on behalf of surviving spouse. The surviving spouse must be living in order for an election to be filed. If the surviving spouse does not personally file the election, it may be filed on the surviving spouse’s behalf by the spouse’s conservator, gua…
Wis. Stat. § 861.10 Waiver of right to elect; failure to elect
1.1K chars
861.10 Waiver of right to elect; failure to elect. (1) RIGHT TO ELECT MAY BE WAIVED. The right to elect a deferred marital property elective share amount may be waived by the surviving spouse in whole or in part. The waiver may take place before or after marriage. The waiver must…
Wis. Stat. § 861.11 Protection of payers and other 3rd parties
6.9K chars
861.11 Protection of payers and other 3rd parties. (1) DEFINITION. In this section, “governing instrument” includes a filed verified statement under s. 865.201, a certificate under s. 867.046 (1m) or a recorded application under s. 867.046 (5). (2) PAYER NOT LIABLE UNTIL NOTICE R…
Wis. Stat. § 861.17 Rights in property transferred in fraud of surviving spouse
0.6K chars
861.17 Rights in property transferred in fraud of surviving spouse. (1) Nothing in this chapter precludes a court in an equitable proceeding from subjecting to the rights of the surviving spouse under ch. 852 and this chapter any property arrangement made by the decedent in fraud…
Wis. Stat. § 861.20 Surviving spouse’s right in nondomiciliary decedent’s real property in this state
1.1K chars
861.20 Surviving spouse’s right in nondomiciliary decedent’s real property in this state. (1) If a married person who does not have a domicile in this state dies and leaves a valid will disposing of real property in this state which is not the community property or marital proper…
Wis. Stat. § 861.21 Assignment of home to surviving spouse or surviving domestic partner
3.0K chars
861.21 Assignment of home to surviving spouse or surviving domestic partner. (1) DEFINITIONS. In this section: (a) “Governing instrument” has the meaning given in s. 854.01 (2). (b) “Home” means any dwelling in which the decedent had an interest and that at the time of the decede…
Wis. Stat. § 861.31 Allowance to family during administration
2.3K chars
861.31 Allowance to family during administration. (1m) The court may, without notice or on such notice as the court directs, order payment by the personal representative or special administrator of an allowance as the court determines necessary or appropriate for the support of t…
Wis. Stat. § 861.33 Selection of personalty by surviving spouse or surviving domestic partner
2.5K chars
861.33 Selection of personalty by surviving spouse or surviving domestic partner. (1) (a) Subject to this section, in addition to all allowances and distributions, the surviving spouse or surviving domestic partner may file with the court a written selection of the following pers…
Wis. Stat. § 861.35 Special allowance for support of spouse or domestic partner and support and education of minor children
3.0K chars
861.35 Special allowance for support of spouse or domestic partner and support and education of minor children. (1m) If the decedent is survived by a spouse, domestic partner, or by minor children, the court may order an allowance for the support and education of each minor child…
Wis. Stat. § 861.41 Exemption of property to be assigned to surviving spouse or surviving domestic partner
1.2K chars
861.41 Exemption of property to be assigned to surviving spouse or surviving domestic partner. (1) After the amount of claims against the estate has been ascertained, the surviving spouse or surviving domestic partner may petition the court to set aside as exempt from the claims …
Wis. Stat. § 861.43 Authority and powers of conservator, guardian or agent
0.4K chars
861.43 Authority and powers of conservator, guardian or agent. A conservator, guardian or guardian ad litem of the spouse or of a child of the decedent, or an agent of the spouse or of a child of the decedent acting under a power of attorney, may on behalf of the spouse or child …