reglab/housing_qa huggingface dataset:
WI Stat § 861.018 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.018 - Definitions.

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 marriage or acquired while the spouses were married.(c) Would have been classified as individual property under ch. 766 if the property had been acquired when ch. 766 applied. (3) “Nonadverse party" means a person who has a power relating to a trust or other property arrangement but who does not have a substantial beneficial interest that would be adversely affected by exercise or nonexercise of that power, except that “nonadverse party" does not include a person who has a general power of appointment over property, with respect to that property. (4) “Power" includes a power to designate the beneficiary of a beneficiary designation. (5) “Power of appointment" includes a power to designate the beneficiary of a beneficiary designation. (6) “Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent held a power to create a present or future interest in himself or herself, his or her creditors, his or her estate or creditors of his or her estate and a power to revoke or invade the principal of a trust or other property arrangement, whether or not the decedent had the capacity to exercise the power at the time. (7) “Property" has the meaning given in s. 851.27 and includes values subject to a beneficiary designation. (8) “Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust or a similar arrangement. (9) “Transfer" includes, but is not limited to, the following:(a) An exercise or release of a presently exercisable general power of appointment held by the decedent.(b) A lapse at death of a presently exercisable general power of appointment held by the decedent.(c) An exercise, release or lapse of either of the following:1. A general power of appointment that the decedent created in himself or herself.2. A power under s. 861.03 (3) that the decedent conferred on a nonadverse party.History:  1997 a. 188.Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
WI Stat § 861.04 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.04 - Augmented deferred marital property estate: surviving spouse's property and transfers to others.

861.04  Augmented deferred marital property estate: surviving spouse's property and transfers to others. (1) Subject to s. 861.05, the augmented deferred marital property estate includes the value of any deferred marital property that would have been included under s. 861.03 had the surviving spouse been the decedent. (2m) When the surviving spouse is treated as the decedent under sub. (1), the decedent is not treated as the surviving spouse for the purposes of s. 861.05 (1) (e) or (2m).History:  1997 a. 188; 2005 a. 216.
WI Stat § 861.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.07 - Personal liability of recipients.

861.07  Personal liability of recipients. (1) Definition. In this section, “proceeds" includes:(a) The consideration, in money or property, received in exchange for the property that is the subject of the transfer.(b) Property acquired with the consideration received in exchange for the property that is the subject of the transfer. (2)  Persons liable. The following persons are liable to make a prorated contribution toward satisfaction of the surviving spouse's deferred marital property elective share amount: (a) Original recipients of the decedent's transfers of deferred marital property to others, irrespective of whether the recipient has the property or its proceeds.(b) Donees of the recipients under par. (a) if the donees have the property or its proceeds. If a donee has neither the property nor its proceeds but knew or should have known of the liability under this section, the donee remains liable for his or her share of the prorated contribution. (3)  Mode of satisfaction. (a) Subject to par. (b), a person who is liable under sub. (2) may either give up the proportional part of the decedent's transfers to him or her or pay the value of the amount for which he or she is liable.(b) On petition of the surviving spouse showing that the mode of satisfaction chosen in par. (a) will create a hardship for the surviving spouse, the court may order that a different mode of satisfaction be used. (4)  Effect of federal preemption. If any provision of this subchapter is preempted by federal law with respect to any property interest or benefit that is included under s. 861.03 and that would pass but for that preemption to a person other than the surviving spouse, the recipient, unless he or she is a recipient for value, is subject to subs. (1) to (3).History:  1997 a. 188; 2005 a. 216.
WI Stat § 861.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.08 - Proceeding for election; time limit.

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 election with whichever of the following applies:1. The court that has jurisdiction of the probate proceedings relating to the decedent's estate if a judicial proceeding has been commenced.2. The court that has jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence if no judicial proceeding has commenced.(b) Mail or deliver a copy of the petition to the personal representative, if any, of the decedent's estate. (2)  Notification of interested parties. The surviving spouse shall give notice, in the manner provided in ch. 879, of the time and place set for hearing the petition to any persons who may be adversely affected by the election. (3)  Extension of time for election.  (a) Subject to par. (b), the court may grant the surviving spouse an extension for making an election if the surviving spouse petitions the court for an extension, gives notice as specified in sub. (2) and shows cause for an extension.(b) The petition for extension of the time for making an election must be filed within 6 months after the decedent's death, unless the court finds all of the following:1. That the surviving spouse was prevented from filing the action or naming a particular interested party for reasons beyond his or her control.2. That failure to extend the time for making an election will result in hardship for the surviving spouse. (4)  Withdrawal of election. The surviving spouse may withdraw the petition for an election at any time before the probate court has entered the final determination of the distribution of the decedent's estate. (5)  Court determination of liability. (a) After notice and hearing, the court shall determine the deferred marital property elective share amount and shall determine the property that satisfies that amount under ss. 861.06 and 861.07.(b) If the personal representative does not hold the money or property included in the augmented deferred marital property estate, the court shall determine the liability of any person or entity that has any interest in the money or property or that holds that money or property.(c) The surviving spouse may choose to seek relief from fewer than all recipients. However, any such action shall not cause any other recipient's liability to exceed the amount that he or she would have had to pay if all recipients had paid a prorated share. (6)  Suits authorized. An order or judgment of the court may be enforced in a suit for contribution or payment in other courts of this state or other jurisdictions.History:  1997 a. 188.
WI Stat § 861.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.09 - Right of election by or on behalf of surviving spouse.

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, guardian or guardian ad litem, or by an agent of the spouse acting under a power of attorney.History:  1997 a. 188.
WI Stat § 861.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.10 - Waiver of right to elect; failure to elect.

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 be contained in a marital property agreement that is enforceable under s. 766.58 or in a signed document filed with a court described in s. 861.08 (1) (a) after the decedent's death. (2)  Waiver of “all rights". Unless the waiver provides otherwise, a waiver of “all rights," or equivalent language, in the property or estate of a present or prospective spouse, or in a complete property settlement entered into because of separation or divorce, is a waiver of all rights in the deferred marital property elective share amount.  (3)  Failure to elect. Failure of a surviving spouse to elect is not a transfer of property and is not a gift from the surviving spouse to the decedent spouse's probate estate or to the beneficiaries of other transfers.History:  1997 a. 188; 2005 a. 216.
WI Stat § 861.17 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.17 - Rights in property transferred in fraud of surviving spouse.

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 of those rights. A property arrangement in fraud of the rights of the surviving spouse means any of the following:(a) Any transfer or acquisition of property, regardless of the form or type of property rights involved, made by the decedent during marriage or in anticipation of marriage for the primary purpose of defeating the rights of the surviving spouse under ch. 852 and this chapter.(b) Any breach of the good faith duty imposed by s. 766.15 made for the primary purpose of defeating the rights of the surviving spouse in or to marital property. (2) An arrangement made before marriage, or within one year after marriage, or prior to April 1, 1971, to provide for issue by a prior marriage is not a fraudulent property arrangement within the meaning of this section. (3) If the spouse is successful in an action to reach fraudulent property arrangements, recovery is limited to the amount the spouse would receive under ch. 852 and this chapter. Other rules of this chapter apply so far as possible. A spouse who recovers under this subsection forfeits any power of appointment that the surviving spouse possesses over the remaining portion of the fraudulently arranged property, except a special power. (3m) If the spouse is successful in an action to reach fraudulent property arrangements involving marital property, recovery is limited to the surviving spouse's interest in the marital property. Other rules of this chapter apply so far as possible. Recovery forfeits any power of appointment which the surviving spouse possesses over the remaining portion of the fraudulently arranged marital property, except a special power. (4) The surviving spouse has no rights against any person dealing with the property without actual knowledge, or receipt of written notice, of the claim of the spouse. A person who has knowledge of facts and circumstances sufficient to put the person on inquiry as to a claim by the spouse does not have actual knowledge and is not required to make further inquiry. This subsection does not protect a gratuitous donee from the original beneficiary of the fraudulent arrangement. (5) Every such suit must be brought within 3 years of decedent's death, but may be barred by laches at an earlier date.History:  1983 a. 186; 1985 a. 37 s. 187; 1993 a. 486; 2005 a. 216.
WI Stat § 861.20 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.20 - Surviving spouse's right in nondomiciliary decedent's real property in this state.

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 property of the decedent and the surviving spouse, the surviving spouse has the same right to elect to take a portion of or interest in that property against the will of the decedent as if the property were located in the decedent's domicile at the decedent's death. The procedure of the decedent's domicile for electing against the will applies to such an election. (2) If a married person who does not have a domicile in this state dies and has an interest in real property in this state that is subject to administration but not disposed of by will, the surviving spouse has the same right to the property under intestate succession as if the property were located in the decedent's domicile at decedent's death.History:  1985 a. 37; 1987 a. 393; 2005 a. 216.
WI Stat § 861.21 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.21 - Assignment of home to surviving spouse or surviving domestic partner.

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 decedent's death the surviving spouse or surviving domestic partner occupies or intends to occupy. If there are several such dwellings, any one may be designated by the surviving spouse or surviving domestic partner. “Home" includes a house, a mobile home, a manufactured home, a duplex or multiple apartment building one unit of which is occupied by the surviving spouse or surviving domestic partner and a building used in part for a dwelling and in part for commercial or business purposes. “Home" includes all of the surrounding land, unless the court sets off part of the land as severable from the remaining land under sub. (5). (2)  Decedent's property interest in home. Subject to subs. (4) and (5), if a married decedent or decedent in a domestic partnership has a property interest in a home, the decedent's entire interest in the home shall be assigned to the surviving spouse or surviving domestic partner if the surviving spouse or surviving domestic partner petitions the court requesting such a distribution and if a governing instrument does not provide a specific transfer of the decedent's interest in the home to someone other than the surviving spouse or surviving domestic partner. The surviving spouse or surviving domestic partner shall file the petition within 6 months after the decedent's death, unless the court extends the time for filing. (4)  Payment by surviving spouse or surviving domestic partner. The court shall assign the interest in the home under sub. (2) to the surviving spouse or surviving domestic partner upon payment of the value of the decedent's interest in the home that does not pass to the surviving spouse or surviving domestic partner under intestacy or under a governing instrument. Payment shall be made to the fiduciary holding title to the interest. The surviving spouse or surviving domestic partner may use assets due him or her from the fiduciary to satisfy all or part of the payment in kind. Unless the court extends the time, the surviving spouse or surviving domestic partner shall have one year from the decedent's death to pay the value of the assigned interest. (5)  Severance of home from surrounding land. On petition of the surviving spouse or surviving domestic partner or of any interested person that part of the land is not necessary for dwelling purposes and that it would be inappropriate to assign all of the surrounding land as the home under sub. (2), the court may set off for the home as much of the land as is necessary for a dwelling. In determining how much land should be set off, the court shall take into account the use and marketability of the parcels set off as the home and the remaining land.History:  1997 a. 188; 2005 a. 216; 2007 a. 11; 2009 a. 28.
WI Stat § 861.31 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.31 - Allowance to family during administration.

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 the surviving spouse or surviving domestic partner and any minor children of the decedent during the administration of the estate. The court shall consider the size of the probate estate, other resources available for support, the existing standard of living, and any other factors it considers relevant. (2) The court may order that an allowance be made to the spouse or surviving domestic partner for support of the spouse or surviving domestic partner and any minor children of the decedent, or that separate allowances be made to the spouse or surviving domestic partner and to the minor children of the decedent or their guardian, if any, if the court finds separate allowances advisable. If there is no surviving spouse or surviving domestic partner, the court may order that an allowance be made to the minor children of the decedent or to their guardian, if any. (3) The initial order for support may not exceed one year but may be extended for additional periods of not to exceed one year at a time, and is subject to revision or termination at any time by further order of the court. (4) The court may order that the allowance be charged against income or principal, either as an advance or otherwise, but the court may not order that an allowance for support of minor children of the decedent be charged against the income or principal interest of the surviving spouse or surviving domestic partner. The court may order that the allowance for support of the surviving spouse or surviving domestic partner, not including any allowance for support of minor children of the decedent, be applied in satisfaction of any of the following:(a) Any entitlement of the surviving spouse under s. 853.12. (b) Any right of the surviving spouse or surviving domestic partner to elect under s. 861.02.History:  1971 c. 40; 1991 a. 301; 1997 a. 188; 2005 a. 216; 2009 a. 28.NOTE:  1991 Wis. Act 301 contains legislative council notes.Widow's allowances and the IRC. Miller, 54 MLR 193.
WI Stat § 861.33 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.33 - Selection of personalty by surviving spouse or surviving domestic partner.

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 personal property, which shall then be transferred to the spouse or domestic partner by the personal representative:1. Wearing apparel and jewelry held for personal use by the decedent or the surviving spouse or surviving domestic partner;2. Automobile;3. Household furniture, furnishings and appliances; and4. Other tangible personalty not used in trade, agriculture or other business, not to exceed $3,000 in inventory value.(b) The selection in par. (a) may not include items specifically bequeathed except that the surviving spouse or surviving domestic partner may in every case select the normal household furniture, furnishings, and appliances necessary to maintain the home. For this purpose antiques, family heirlooms, and collections that are specifically bequeathed are not classifiable as normal household furniture or furnishings. (2) If it appears that claims may not be paid in full, the court may, upon petition of any creditor, limit the transfer of personalty to the spouse under this section to items not exceeding $5,000 in aggregate inventory value until the claims are paid in full or the court otherwise orders, or the court may require the spouse to retransfer property in excess of $5,000 or, at the option of the spouse, pay the excess in value over this amount. (3) The surviving spouse may select items not specifically bequeathed of the type specified under sub. (1) (a) 4. exceeding in value the $3,000 limit or obtain the transfer of items exceeding the limit set by the court under sub. (2), by paying to the personal representative the excess of inventory value over the respective limit. (4) The personal representative has power, without court order, to execute appropriate documents to effect transfer of title to any personal property the spouse selects under this section. A person may not question the validity of the documents of transfer or refuse to accomplish the transfer on the grounds that the personal representative is also the surviving spouse of the decedent. History:  1973 c. 233; 1983 a. 192; 1991 a. 301; 1997 a. 188; 2005 a. 216; 2009 a. 28.This section is constitutional. In Matter of Estate of Eisenberg, 90 Wis. 2d 620, 280 N.W.2d 359 (Ct. App. 1979).
WI Stat § 861.41 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.41 - Exemption of property to be assigned to surviving spouse or surviving domestic partner.

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 of creditors under s. 859.25 (1) (h) an amount of property reasonably necessary for the support of the spouse or domestic partner, not to exceed $10,000 in value, if it appears that the assets are insufficient to pay all claims and allowances and still leave the surviving spouse or surviving domestic partner such an amount of property in addition to selection and allowances. (2) The court shall grant the petition if it determines that an assignment ahead of creditors is reasonably necessary for the support of the spouse or domestic partner. In determining the necessity and the amount of property to be assigned, the court must take into consideration the availability of a home to the surviving spouse or surviving domestic partner and all other assets and resources available for support.History:  1983 a. 186; 1985 a. 37; 1987 a. 393 s. 53; 1997 a. 188; 2009 a. 28.
WI Stat § 861.43 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 861 - Probate — family rights.|861.43 - Authority and powers of conservator, guardian or agent.

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 exercise any of the rights, apply for any of the allowances or make any of the selections that apply to the spouse or child under this subchapter.History:  1997 a. 188.