Chapter 861 — PROBATE — FAMILY RIGHTS
21 sections in this chapter.
Wis. Stat. § 861.01 Ownership of marital property at death
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861.01 Ownership of marital property at death.
Wis. Stat. § 861.015 Satisfaction of nonholding spouse’s marital property interest in certain business property
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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
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861.018 Definitions.
Wis. Stat. § 861.02 Deferred marital property elective share amount
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861.02 Deferred marital property elective share amount.
Wis. Stat. § 861.03 Augmented deferred marital property estate: decedent’s probate property and nonprobate or other property transfers
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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
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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
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861.05 Augmented deferred marital property estate: calculation of property interests.
Wis. Stat. § 861.06 Satisfaction of deferred marital property elective share amount
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861.06 Satisfaction of deferred marital property elective share amount.
Wis. Stat. § 861.07 Personal liability of recipients
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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. 861.01 Ownership of marital property at death. (1) SURVIVING SPO…
Wis. Stat. § 861.08 Proceeding for election; time limit
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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
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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
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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
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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
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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
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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
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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
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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
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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
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861.35 made before satisfaction of the nonholding spouse’s interest. (5) Satisfaction of a nonholding spouse’s marital property interest under this section shall not adversely affect any of the following: (a) The nonholding spouse’s marital property interest in property not subje…
Wis. Stat. § 861.41 Exemption of property to be assigned to surviving spouse or surviving domestic partner
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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
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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 …