reglab/housing_qa huggingface dataset:
WI Stat § 852.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 852 - Intestate succession.|852.03 - Related rules.

852.03  Related rules. (1) Per stirpes. If per stirpes distribution is called for under s. 852.01 (1) (b), (d) or (f), the rules under s. 854.04 apply. (3)  Relatives of the half blood. Inheritance rights of relatives of the half blood are governed by s. 854.21 (4). (4)  Posthumous heirs. Inheritance rights of a person specified in s. 852.01 (1) who was born after the death of the decedent are governed by s. 854.21 (5). (5)  Related through 2 lines. Inheritance rights of a person who is related to the decedent through 2 lines of relationship are governed by s. 854.21 (6). (6)  Taking through or by alien. No person is disqualified from taking as an heir because the person or a person through whom he or she claims is not or at some time was not a U.S. citizen. The rights of an alien to acquire or hold land in the state are governed by ss. 710.01 to 710.03.History:  1993 a. 486; 1997 a. 188.
WI Stat § 852.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 852 - Intestate succession.|852.05 - Status of child born to unmarried parents for purposes of intestate succession.

852.05  Status of child born to unmarried parents for purposes of intestate succession. (1) A child born to unmarried parents, or the child's issue, is treated in the same manner as a child, or the issue of a child, born to married parents with respect to intestate succession from and through the child's mother, and from and through the child's father if any of the following applies:(a) The father has been adjudicated to be the father in a paternity proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state.(b) The father has admitted in open court that he is the father.(c) The father has acknowledged himself to be the father in writing signed by him. (2) Property of a child born to unmarried parents passes in accordance with s. 852.01 except that the father or the father's kindred can inherit only if the father has been adjudicated to be the father in a paternity proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state or has been determined to be the father under s. 767.804 or 767.805 or a substantially similar law of another state. (3) (a) This section does not apply to a child who becomes a marital child by the subsequent marriage of the child's parents under s. 767.803.(b) The status of a child born to unmarried parents who is legally adopted is governed by s. 854.20. (4) Section 895.01 (1) applies to paternity proceedings under ch. 767.History:  1979 c. 32 s. 92 (2); 1979 c. 352; 1981 c. 391; 1983 a. 447; 1993 a. 486; 1997 a. 188, 191; 2005 a. 216; 2005 a. 443 s. 265; 2019 a. 95.Although a paternity proceeding may not be maintained posthumously, sub. (1) does not deny equal protection or due process to posthumous nonmarital children. In re Estate of Blumreich, 84 Wis. 2d 545, 267 N.W.2d 870 (1978).The court properly looked to extrinsic evidence to determine whether a signed letter constituted a reasonably clear and certain acknowledgment of paternity. C.R. v. American Standard Ins. Co., 113 Wis. 2d 12, 334 N.W.2d 121 (Ct. App. 1983).One claiming to be a nonmarital child under sub. (1) must first prove that status and overcome any presumption of paternity in effect. In Matter of Estate of Schneider, 150 Wis. 2d 286, 441 N.W.2d 335 (Ct. App. 1989).Section 893.88, limiting only an action for the establishment of paternity, does not preclude a motion for the purpose of determining paternity in a probate proceeding. DiBenedetto v. Jaskolski, 2003 WI App 70, 261 Wis. 2d 723, 661 N.W.2d 869, 01-2189.
WI Stat § 852.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 852 - Intestate succession.|852.09 - Assignment of home to surviving spouse or surviving domestic partner.

852.09  Assignment of home to surviving spouse or surviving domestic partner. If the intestate estate includes an interest in a home, assignment of that interest to the surviving spouse or surviving domestic partner is governed by s. 861.21. History:  1993 a. 486; 1997 a. 188; 2009 a. 28.
WI Stat § 852.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 852 - Intestate succession.|852.10 - Disinheritance from intestate share.

852.10  Disinheritance from intestate share. (1) A decedent's will may exclude or limit the right of an individual or class to succeed to property passing by intestate succession. (2) The share of the intestate estate that would have passed to the individual or class described in sub. (1) passes as if the individual or each member of the class had disclaimed his or her intestate share under s. 854.13. (3) This section does not apply if the individual or all members of the class described in sub. (1) predecease the testator.History:  1997 a. 188.
WI Stat § 852.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 852 - Intestate succession.|852.11 - Advancement.

852.11  Advancement. The effect of a lifetime gift by the decedent on the intestate share of an heir is governed by s. 854.09.History:  1993 a. 486; 1997 a. 188.
WI Stat § 852.12 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 852 - Intestate succession.|852.12 - Debts to decedent.

852.12  Debts to decedent. If an heir owes a debt to the decedent, s. 854.12 governs the treatment of that debt.History:  1997 a. 188; 2005 a. 216.
WI Stat § 852.13 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 852 - Intestate succession.|852.13 - Right to disclaim intestate share.

852.13  Right to disclaim intestate share. Any person to whom property would otherwise pass under s. 852.01 may disclaim all or part of the property as provided under s. 854.13.History:  1973 c. 233; 1977 c. 309; 1997 a. 188.
WI Stat § 852.14 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 852 - Intestate succession.|852.14 - Inheritance by a parent who abandons a child.

852.14  Inheritance by a parent who abandons a child. (1) In this section, “abandoned" means failed without cause to do all of the following for at least one year immediately before the death of a minor child:(a) Communicate with the minor.(b) Care for the minor as required by law or court order.(c) Provide for the minor's maintenance or support as required by law or court order. (2) (a) A personal representative of a minor who died intestate who has actual knowledge or reasonable cause to believe that the minor was abandoned by a parent shall file a petition with the probate court with jurisdiction for a determination that the parent abandoned the child.(b) Any interested person may file a petition with a probate court with jurisdiction for a determination that a parent of a minor who died intestate abandoned the minor. (3) Notwithstanding s. 852.01 (1), if a court determines that a parent abandoned his or her minor child and the child died intestate while a minor, the parent may not inherit from the child's estate under s. 852.01. If a parent is barred from inheriting from a child's estate under this section, the child's estate passes under s. 852.01 as if the parent predeceased the child. (4) A parent who is barred from inheriting from a child's estate under sub. (3) is not considered an heir of the child beginning on the date a court determined that the parent abandoned the child. History:  2015 a. 224.
WI Stat § 853.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 853 - Wills.|853.01 - Capacity to make or revoke a will.

853.01  Capacity to make or revoke a will. Any person of sound mind 18 years of age or older may make and revoke a will.When the proponent, a confidant of the decedent and the sole beneficiary, actively participated in the procurement, drafting, and execution of the will under highly suspicious circumstances, a presumption of undue influence was raised. In re Estate of Malnar, 73 Wis. 2d 192, 243 N.W.2d 435 (1976).The “disposition to influence" element of the 4-factor test of undue influence means a willingness to do something wrong or unfair to obtain a share of an estate. The mere fact that a will benefits an alleged influencer does not prove the “coveted-result" element of the test. Elements of testamentary capacity are discussed. In Matter of Estate of Becker, 76 Wis. 2d 336, 251 N.W.2d 431 (1977).The 4-element test to prove undue influence requires showing: 1) susceptibility to undue influence; 2) opportunity to influence; 3) disposition to influence; and 4) coveted result. Alternatively undue influence may be proved under a two prong test by showing: 1) the existence of a confidential relationship between the testator and favored beneficiary; and 2) suspicious circumstances surrounding making the will. In re Estate of Kamesar, 81 Wis. 2d 151, 259 N.W.2d 733 (1977). See also In re Estate of Taylor, 81 Wis. 2d 687, 260 N.W.2d 803 (1977).An insane delusion cannot be a ground for disallowance of a will unless it is shown that the delusion materially affected the disposition embodied in the will. In re Estate of Evans, 83 Wis. 2d 259, 265 N.W.2d 529 (1978).A legal guardianship, in and of itself, does not prove lack of testamentary capacity. In Matter of Estate of Sorensen, 87 Wis. 2d 339, 274 N.W.2d 694 (1979).Parent-child relationships as a “confidential relationship" under the 2-prong test for undue influence are different than relationships with nonrelatives. In Matter of Estate of Sensenbrenner, 89 Wis. 2d 677, 278 N.W.2d 887 (1979).A third party, unnamed in a will, has no standing and may not maintain a negligence action against the drafting attorney although extrinsic evidence of the testator's intent is available. Beauchamp v. Kemmeter, 2001 WI App 5, 240 Wis. 2d 733, 625 N.W.2d 297, 00-0470.The objector must prove lack of testamentary capacity by clear, convincing, and satisfactory evidence. In re Estate of Persha, 2002 WI App 113, 255 Wis. 2d 767, 649 N.W.2d 661, 01-1132.There is no right to a jury trial in a will contest. In re Estate of Sharpley, 2002 WI App 201, 257 Wis. 2d. 152, 653 N.W.2d 124, 01-2167.Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
WI Stat § 853.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 853 - Wills.|853.03 - Execution of wills.

853.03  Execution of wills. Every will in order to be validly executed must be in writing and executed with all of the following formalities: (1) It must be signed by the testator, by the testator with the assistance of another person with the testator's consent or in the testator's name by another person at the testator's direction and in the testator's conscious presence. (2) (am) It must be signed by at least 2 witnesses who signed within a reasonable time after any of the following:1. The signing of the will as provided under sub. (1), in the conscious presence of the witness.2. The testator's implicit or explicit acknowledgement of the testator's signature on the will, in the conscious presence of the witness.3. The testator's implicit or explicit acknowledgement of the will, in the conscious presence of the witness. (bm) The 2 witnesses required under par. (am) may observe the signing or acknowledgement under par. (am) 1. to 3. at different times. History:  1993 a. 486; 1997 a. 188; 2005 a. 216.The requirement of s. 238.06, 1969 stats., that if not signed by the testator, the will must be signed by some person in the testator's presence and by his express direction, is not met by simply taking the testator's hand as an inanimate object and making a mark or signature if the testator fails or is unable to in any manner expressly authorize another to sign for him. Estate of Komarr, 46 Wis. 2d 230, 175 N.W.2d 473 (1970).NOTE:  The preceding case was decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to this section.
WI Stat § 853.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 853 - Wills.|853.05 - Execution of wills outside the state or by nonresidents within this state.

853.05  Execution of wills outside the state or by nonresidents within this state. (1) A will is validly executed if it is in writing and any of the following applies:(a) The will is executed according to s. 853.03.(b) The will is executed in accordance with the law, at the time of execution or at the time of death, of any of the following:1. The place where the will was executed.2. The place where the testator resided, was domiciled or was a national at the time of execution.3. The place where the testator resided, was domiciled or was a national at the time of death. (2) Any will under sub. (1) (b) has the same effect as if executed in this state in compliance with s. 853.03.History:  1997 a. 188.
WI Stat § 853.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 853 - Wills.|853.07 - Witnesses.

853.07  Witnesses. (1) Any person who, at the time of execution of the will, would be competent to testify as a witness in court to the facts relating to execution may act as a witness to the will. Subsequent incompetency of a witness is not a ground for denial of probate if the execution of the will is otherwise satisfactorily proved. (2) (a) Subject to pars. (b) and (c), a will is not invalidated because it is signed by an interested witness.(b) Except as provided in par. (c), any beneficial provisions of the will for a witness or the spouse of a witness are invalid to the extent that the aggregate value of those provisions exceeds what the witness or spouse would have received had the testator died intestate. Valuation is to be made as of testator's death.(c) Paragraph (b) does not apply if any of the following applies:1. The will is also signed by 2 disinterested witnesses.2. There is sufficient evidence that the testator intended the full transfer to take effect. (3) An attesting witness is interested only if the will gives to the witness or spouse some personal and beneficial interest. The following are not interests which are personal and beneficial:(a) A provision for employment as personal representative or trustee or in some other capacity after death of the testator and a provision for compensation at a rate or in an amount not greater than that usual for the services to be performed;(b) A provision which would have conferred no benefit if the testator had died immediately following execution of the will.History:  1987 a. 403; 1997 a. 188; 2001 a. 102.
WI Stat § 853.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 853 - Wills.|853.09 - Deposit of will in circuit court during testator's lifetime.

853.09  Deposit of will in circuit court during testator's lifetime. (1) Deposit of will. Unless provided otherwise by county ordinance, any testator may deposit his or her will with the register in probate of the court of the county where he or she resides. The will shall be sealed in an envelope with the name and address of the testator, and the date of deposit noted thereon. If the will is deposited by a person other than the testator, that fact also shall be noted on the envelope. The size of the envelope may be regulated by the register in probate to provide uniformity and ease of filing. A county board may, by ordinance, provide that wills may not be deposited with the register in probate for the county. Wills deposited with the register in probate prior to the effective date of that ordinance shall be retained by the register in probate as provided under sub. (2). (2)  Duty of register in probate. The register in probate shall issue a receipt for the deposit of the will and shall maintain a registry of all wills deposited. The original will, unless withdrawn under sub. (3) or opened in accordance with s. 856.03 after death of the testator, shall be kept on file for the period provided in SCR chapter 72; thereafter the register may either retain the original will or open the envelope, copy or reproduce the will for confidential record storage purposes by microfilm, optical disc, electronic format, or other method of comparable retrievability and destroy the original. If satisfactorily identified, the reproduction is admissible in court for probate or any other purpose the same as the original document. Wills deposited with the county judge under s. 238.15, 1967 stats., shall be transferred to the register in probate and become subject to this section. (3)  Withdrawal. A testator may withdraw the testator's will during the testator's lifetime, but the register in probate shall deliver the will only to the testator personally or to a person duly authorized to withdraw it for the testator, by a writing signed by the testator and 2 witnesses other than the person authorized.History:  1977 c. 449; 1981 c. 146; Sup. Ct. Order, 136 Wis. 2d xx (1987); 1993 a. 172, 486; 1995 a. 27; 2015 a. 196.The practice of attorneys retaining wills for safekeeping is disapproved. State v. Gulbankian, 54 Wis. 2d 605, 196 N.W.2d 733 (1972).If a will was not withdrawn fraudulently, non-compliance with the witnessing requirement of sub. (3) did not invalidate the revocation of the will. Re Estate of Haugk, 91 Wis. 2d 196, 280 N.W.2d 684 (1979).
WI Stat § 853.12 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 853 - Wills.|853.12 - Premarital will or predomestic partnership will.

853.12  Premarital will or predomestic partnership will. (1) Entitlement of surviving spouse or surviving domestic partner. Subject to sub. (3), if the testator married the surviving spouse or recorded a domestic partnership under ch. 770 with the surviving domestic partner after the testator executed his or her will, the surviving spouse or surviving domestic partner is entitled to a share of the probate estate. (2)  Value of share. The value of the share under sub. (1) is the value of the share that the surviving spouse or surviving domestic partner would have received had the testator died with an intestate estate equal to the value of the testator's net estate, but the value of the net estate shall first be reduced by the value of all of the following:(a) All devises to or for the benefit of the testator's children who were born before the marriage to the surviving spouse or the domestic partnership with the surviving domestic partner and who are not also the children of the surviving spouse or surviving domestic partner. (b) All devises to or for the benefit of the issue of a child described in par. (a).(c) All devises that pass under s. 854.06, 854.07, 854.21, or 854.22 to or for the benefit of children described in par. (a) or issue of those children. (3)  Exceptions. Subsection (1) does not apply if any of the following applies:(a) It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse or domestic partnership with the surviving domestic partner. (b) It appears from the will or other evidence that the will is intended to be effective notwithstanding any subsequent marriage or domestic partnership, or there is sufficient evidence that the testator considered revising the will after marriage or domestic partnership but decided not to.(d) The testator and the spouse have entered into an agreement that complies with ch. 766 and that provides for the spouse or specifies that the spouse is to have no rights in the testator's estate. (4)  Priority and abatement. In satisfying the share provided by this section:(a) Amounts received by the surviving spouse under s. 861.02 and devises made by will to the surviving spouse or surviving domestic partner are applied first.(b) Devises other than those described in sub. (2) (a) to (c) abate as provided under s. 854.18.History:  2005 a. 216 s. 75; 2009 a. 28.
WI Stat § 853.13 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 853 - Wills.|853.13 - Contracts.

853.13  Contracts. (1) A contract to make a will or devise, not to revoke a will or devise or to die intestate may be established only by any of the following:(a) Provisions of a will stating the material provisions of the contract.(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.(c) A valid written contract, including a marital property agreement under s. 766.58 (3) (e).(d) Clear and convincing extrinsic evidence. (2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.History:  1995 a. 225; 1997 a. 188.The existence of an irrevocable contract does not prevent the making of a later will or its admission to probate. The remedy is an action in equity to enforce the contract. Estate of Schultz, 53 Wis. 2d 643, 193 N.W.2d 655 (1972).Whether clear and convincing evidence of a contract exists is a fact to be found by the trial court and given deference by an appellate court. Estate of Czerniejewski, 185 Wis. 2d 892, 619 N.W.2d 702 (Ct. App. 1994).NOTE:  The preceding cases were decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to this section.Joint and mutual wills. Kroncke, 43 WBB, No. 5.Contracts to make joint or mutual wills. O'Donnell, 55 MLR 103.
WI Stat § 853.15 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 853 - Wills.|853.15 - Equitable election if will attempts to dispose of property belonging to beneficiary.

853.15  Equitable election if will attempts to dispose of property belonging to beneficiary. (1) Necessity for election. (a) Unless the will provides otherwise, this subsection applies if a will gives a devise to one beneficiary and also clearly purports to give to another beneficiary property that does not pass under the will but belongs to the first beneficiary by right of ownership, survivorship, beneficiary designation or otherwise.(b) If the conditions in par. (a) are fulfilled, the first beneficiary must elect either to take under the will and transfer his or her property in accordance with the will or to retain his or her property and not take under the will. If the first beneficiary elects not to take under the will, unless the will provides otherwise his or her devise under the will shall be assigned to the other beneficiary.(c) This section does not require an election if the property belongs to the first beneficiary because of transfer or beneficiary designation made by the decedent after the execution of the will. (2)  Procedure for election. If an election is required under sub. (1), the following provisions apply:(a) The court may by order set a time within which the beneficiary is required to file with the court a written election either to take under the will and forego, waive or transfer the beneficiary's property interest in favor of the other person to whom it is given by the will, or to retain such property interest and not take under the will. The time set shall be not earlier than one month after the necessity for such an election and the nature of the interest given to the beneficiary under the will have been determined.(b) If a written election by the beneficiary to take under the will and transfer the beneficiary's property interest in accordance with the will has not been filed with the court within the time set by order, or if no order setting a time has been entered, then prior to the final judgment, the beneficiary is deemed to have elected not to take under the will.(c) Except as provided above, participation in the administration by the beneficiary does not constitute an election to take under the will.History:  1983 a. 186; 1985 a. 37; 1987 a. 393 s. 53; 1993 a. 486; 1997 a. 188.
WI Stat § 853.17 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 853 - Wills.|853.17 - Effect of will provision changing beneficiary of life insurance or annuity.

853.17  Effect of will provision changing beneficiary of life insurance or annuity. (1) Any provision in a will which purports to name a different beneficiary of a life insurance or annuity contract than the beneficiary properly designated in accordance with the contract with the issuing company, or its bylaws, is ineffective to change the contract beneficiary unless the contract or the company's bylaws authorizes such a change by will. (2) This section does not prevent the court from requiring the contract beneficiary to elect under s. 853.15 in order to take property under the will.History:  2013 a. 92.