reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.01 - Definitions.

704.01
Definitions.
In this chapter, unless the context indicates otherwise:
(1)
“Lease" means an agreement, whether oral or written, for transfer of possession of real property, or both real and personal property, for a definite period of time. A lease is for a definite period of time if it has a fixed commencement date and a fixed expiration date or if the commencement and expiration can be ascertained by reference to some event, such as completion of a building. A lease is included within this chapter even though it may also be treated as a conveyance under ch. 706. An agreement for transfer of possession of only personal property is not a lease.
(2)
“Periodic tenant" means a tenant who holds possession without a valid lease and pays rent on a periodic basis. It includes a tenant from day-to-day, week-to-week, month-to-month, year-to-year or other recurring interval of time, the period being determined by the intent of the parties under the circumstances, with the interval between rent-paying dates normally evidencing that intent.
(3)
“Premises" mean the property covered by the lease, including not only the realty and fixtures, but also any personal property furnished with the realty.
(3m)
“Rental agreement" means an oral or written agreement between a landlord and tenant, for the rental or lease of a specific dwelling unit or premises, in which the landlord and tenant agree on the essential terms of the tenancy, such as rent. “Rental agreement" includes a lease. “Rental agreement" does not include an agreement to enter into a rental agreement in the future.
(4)
“Tenancy" includes a tenancy under a lease, a periodic tenancy or a tenancy at will.
(5)
“Tenant at will" means any tenant holding with the permission of the tenant's landlord without a valid lease and under circumstances not involving periodic payment of rent; but a person holding possession of real property under a contract of purchase or an employment contract is not a tenant under this chapter.
History:  1983 a. 189; 1993 a. 486; 2007 a. 184.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.02 - Severability of rental agreement provisions.

704.02
Severability of rental agreement provisions.
The provisions of a rental agreement are severable. If any provision of a rental agreement is rendered void or unenforceable by reason of any statute, rule, regulation, or judicial order, the invalidity or unenforceability of that provision does not affect other provisions of the rental agreement that can be given effect without the invalid provision.
History:  2011 a. 143.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.055 - Disposition of personalty left by trespasser.

704.055
Disposition of personalty left by trespasser.
(1)
Definition. In this section, “trespasser" means a person who is not a tenant and who enters or remains in residential rental property without the consent of the landlord or another person lawfully on the property.
(2)
At the landlord's discretion.
(a)
If a trespasser is removed or otherwise removes from residential rental property and leaves personal property, the landlord shall hold the personal property for 7 days from the date on which the landlord discovers the personal property. After that time, the landlord may presume that the trespasser has abandoned the personal property and may dispose of the personal property in any manner that the landlord, in the landlord's sole discretion, determines is appropriate but shall promptly return the personal property to the trespasser if the landlord receives a request for its return before the landlord disposes of it.
(b)
If the landlord disposes of the abandoned personal property by private or public sale, the landlord may send the proceeds of the sale minus any costs of sale and, if the landlord has first stored the personal property, minus any storage charges to the department of administration for deposit in the appropriation under s. 20.505 (7) (h).
(3)
Rights of 3rd persons. The landlord's power to dispose as provided by this section applies to any personal property left on the landlord's property by the trespasser, whether owned by the trespasser or by others. The power to dispose under this section applies notwithstanding any rights of others existing under any claim of ownership or security interest. The trespasser, other owner, or any secured party has the right to redeem the personal property at any time before the landlord has disposed of it or entered into a contract for its disposition by payment of any expenses that the landlord has incurred with respect to the disposition of the personal property.
History:  2015 a. 176.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.06 - Water heater thermostat settings.

704.06
Water heater thermostat settings.
A landlord of premises which are subject to a residential tenancy and served by a water heater serving only that premises shall set the thermostat of that water heater at no higher than 125 degrees Fahrenheit before any new tenant occupies that premises or at the minimum setting of that water heater if the minimum setting is higher than 125 degrees Fahrenheit.
History:  1987 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.08 - Check-in sheet.

704.08
Check-in sheet.
A landlord shall provide to a new residential tenant when the tenant commences his or her occupancy of the premises a check-in sheet that the tenant may use to make comments, if any, about the condition of the premises. The tenant shall be given 7 days from the date the tenant commences his or her occupancy to complete the check-in sheet and return it to the landlord. The landlord is not required to provide the check-in sheet to a tenant upon renewal of a rental agreement. This section does not apply to the rental of a plot of ground on which a manufactured home, as defined in s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be located.
History:  2011 a. 143; 2013 a. 76.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.085 - Credit and background checks.

704.085
Credit and background checks.
(1)
(a)
Except as provided under par. (b), a landlord may require a prospective tenant to pay the landlord's actual cost, up to $25, to obtain a consumer credit report on the prospective tenant from a consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis. The landlord shall notify the prospective tenant of the charge before requesting the consumer credit report, and shall provide the prospective tenant with a copy of the report.
(b)
A landlord may not require a prospective tenant to pay for a consumer credit report under par. (a) if, before the landlord requests a consumer credit report, the prospective tenant provides the landlord with a consumer credit report, from a consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis, that is less than 30 days old.
(2)
A landlord may require a prospective tenant who is not a resident of this state to pay the landlord's actual cost, up to $25, to obtain a background check on the prospective tenant. The landlord shall notify the prospective tenant of the charge before requesting the background check and shall provide the prospective tenant with a copy of the report.
History:  2017 a. 317.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.09 - Transferability; effect of assignment or transfer; remedies.

704.09
Transferability; effect of assignment or transfer; remedies.
(1)
Transferability of interest of tenant or landlord. A tenant under a tenancy at will or any periodic tenancy less than year-to-year may not assign or sublease except with the agreement or consent of the landlord. The interest of any other tenant or the interest of any landlord may be transferred except as the lease expressly restricts power to transfer. A lease restriction on transfer is construed to apply only to voluntary transfer unless there is an express restriction on transfer by operation of law.
(2)
Effect of transfer on liability of transferor. In the absence of an express release or a contrary provision in the lease, transfer or consent to transfer does not relieve the transferring party of any contractual obligations under the lease, except in the special situation governed by s. 704.25 (5).
(3)
Covenants which apply to transferee. All covenants and provisions in a lease which are not either expressly or by necessary implication personal to the original parties are enforceable by or against the successors in interest of any party to the lease. However, a successor in interest is liable in damages, or entitled to recover damages, only for a breach which occurs during the period when the successor holds his or her interest, unless the successor has by contract assumed greater liability; a personal representative may also recover damages for a breach for which the personal representative's decedent could have recovered.
(4)
Same procedural remedies. The remedies available between the original landlord and tenant are also available to or against any successor in interest to either party.
(5)
Consent as affecting subsequent transfers. If a lease restricts transfer, consent to a transfer or waiver of a breach of the restriction is not a consent or waiver as to any subsequent transfers.
History:  1971 c. 211 s. 126; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.10 - Electronic delivery.

704.10
Electronic delivery.
A rental agreement may include a provision that permits the landlord to provide and indicate agreement by electronic means any of the following:
(1)
A copy of the rental agreement and any document related to the rental agreement.
(2)
A security deposit and any documents related to the accounting and disposition of the security deposit and security deposit refund.
(3)
A promise made before the initial rental agreement to clean, repair, or otherwise improve any portion of the premises.
(4)
Advance notice of entry under s. 704.05 (2).
History:  2017 a. 317.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.11 - Lien of landlord.

704.11
Lien of landlord.
Except as provided in ss. 704.90 and 779.43 or by express agreement of the parties, the landlord has no right to a lien on the property of the tenant; the common-law right of a landlord to distrain for rent is abolished.
History:  1979 c. 32 s. 92 (9); 1987 a. 23 s. 2; 2011 a. 143.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.13 - Acts of tenant not to affect rights of landlord.

704.13
Acts of tenant not to affect rights of landlord.
No act of a tenant in acknowledging as landlord a person other than the tenant's original landlord or the latter's successors in interest can prejudice the right of the original landlord or the original landlord's successors to possession of the premises.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.14 - Notice of domestic abuse protections.

704.14
Notice of domestic abuse protections.
A residential rental agreement shall include the following notice in the agreement or in an addendum to the agreement:
NOTICE OF DOMESTIC ABUSE PROTECTIONS
(1)
As provided in section 106.50 (5m) (dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:
(a)
A person who was not the tenant's invited guest.
(b)
A person who was the tenant's invited guest, but the tenant has done either of the following:
1.
Sought an injunction barring the person from the premises.
2.
Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest.
(2)
A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.
(3)
A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.
History:  2013 a. 76.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.15 - Requirement that landlord notify tenant of automatic renewal clause.

704.15
Requirement that landlord notify tenant of automatic renewal clause.
A provision in a lease of residential property that the lease shall be automatically renewed or extended for a specified period unless the tenant or either party gives notice to the contrary prior to the end of the lease is not enforceable against the tenant unless the lessor, at least 15 days but not more than 30 days prior to the time specified for the giving of such notice to the lessor, gives to the tenant written notice in the same manner as specified in s. 704.21 calling the attention of the tenant to the existence of the provision in the lease for automatic renewal or extension.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.165 - Termination of tenancy at death of tenant.

704.165
Termination of tenancy at death of tenant.
(1)
(a)
Except as provided in par. (b), if a residential tenant dies, his or her tenancy is terminated on the earlier of the following:
1.
Sixty days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant's death.
2.
The expiration of the term of the rental agreement.
(b)
Notwithstanding s. 704.19, in the case of the death of a residential periodic tenant or tenant at will, the tenancy is terminated 60 days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant's death.
(2)
The deceased tenant or his or her estate is not liable for any rent after the termination of his or her tenancy. Any liability of the deceased tenant or his or her estate for rent under this subsection is subject to the landlord's duty to mitigate damages as provided in s. 704.29 (2).
(3)
Nothing in this section relieves another adult tenant of the deceased tenant's premises from any obligation under a rental agreement or any other liability to the landlord.
(4)
A landlord under this section may not contact or communicate with a member of the deceased tenant's family for the purpose of obtaining from the family member rent for which the family member has no liability.
History:  2009 a. 323.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.22 - Service of process in residential tenancy on nonresident party.

704.22
Service of process in residential tenancy on nonresident party.
(1)
A party to a residential tenancy in this state who is not a resident of this state shall designate an agent to accept service of process in this state for an action involving the tenancy. The agent shall be a resident of this state or a corporation authorized to do business in this state. If a party is a corporation, the agent is the corporation's registered agent.
(2)
Designation of an agent under sub. (1) shall be in writing and filed with the department of financial institutions.
History:  1981 c. 300; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.23 - Removal of tenant on termination of tenancy.

704.23
Removal of tenant on termination of tenancy.
If a tenant remains in possession without consent of the tenant's landlord after termination of the tenant's tenancy, the landlord may in every case proceed in any manner permitted by law to remove the tenant and recover damages for such holding over.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.27 - Damages for failure of tenant to vacate at end of lease or after notice.

704.27
Damages for failure of tenant to vacate at end of lease or after notice.
If a tenant remains in possession without consent of the tenant's landlord after expiration of a lease or termination of a tenancy by notice given by either the landlord or the tenant, or after termination by valid agreement of the parties, the landlord shall, at the landlord's discretion, recover from the tenant damages suffered by the landlord because of the failure of the tenant to vacate within the time required. In absence of proof of greater damages, the landlord shall recover as minimum damages twice the rental value apportioned on a daily basis for the time the tenant remains in possession. As used in this section, rental value means the amount for which the premises might reasonably have been rented, but not less than the amount actually paid or payable by the tenant for the prior rental period, and includes the money equivalent of any obligations undertaken by the tenant as part of the rental agreement, such as payment of taxes, insurance and repairs. Nothing in this section prevents a landlord from seeking and recovering any other damages to which the landlord may be entitled.
History:  1993 a. 486; 2011 a. 143.
This section requires a minimum award of double rent when greater damages have not been proved. Vincenti v. Stewart, 107 Wis. 2d 651, 321 N.W.2d 340 (Ct. App. 1982).
“Rental value" includes only those obligations that the tenant is required to pay during a holdover period regardless of whether or not the tenant uses the premises. Univest Corp. v. General Split Corp., 148 Wis. 2d 29, 435 N.W.2d 234 (1989).
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.31 - Remedy on default in long terms; improvements.

704.31
Remedy on default in long terms; improvements.
(1)
If there is a default in the conditions in any lease or a breach of the covenants thereof and such lease provides for a term of 30 years or more and requires the tenant to erect or construct improvements or buildings upon the land demised at the tenant's own cost and exceeding in value the sum of $50,000, and such improvements have been made and the landlord desires to terminate the lease and recover possession of the property described therein freed from all liens, claims or demands of such lessee, the landlord may, in case of any breach or default, commence an action against the tenant and all persons claiming under the tenant to recover the possession of the premises leased and proceed in all respects as if the action was brought under the statute to foreclose a mortgage upon real estate, except that no sale of the premises shall be ordered.
(2)
The judgment shall determine the breach or default complained of, fix the amount due the landlord at such time, and state the several amounts to become due within one year from the entry thereof, and provide that unless the amount adjudged to be due from the tenant, with interest thereon as provided in the lease or by law, shall be paid to the landlord within one year from the entry thereof and the tenant shall, within such period, fully comply with the judgment requiring the tenant to make good any default in the conditions of the lease, that the tenant and those claiming under the tenant shall be forever barred and foreclosed of any title or interest in the premises described in the lease and that in default of payment thereof within one year from the entry of the judgment the tenant shall be personally liable for the amount thereof. During the one-year period ensuing the date of the entry of the judgment the possession of the demised premises shall remain in the tenant and the tenant shall receive the rents, issues and profits thereof; but if the tenant fails to comply with the terms of the judgment and the same is not fully satisfied, and refuses to surrender the possession of the demised premises at the expiration of said year, the landlord shall be entitled to a writ of assistance or execution to be issued and executed as provided by law.
(3)
This section does not apply to a lease to which a local professional baseball park district created under subch. III of ch. 229 or the Fox River Navigational System Authority is a party.
History:  1993 a. 486; 1995 a. 56; 2001 a. 16; 2009 a. 28; 2011 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.40 - Remedies available when tenancy dependent upon life of another terminates.

704.40
Remedies available when tenancy dependent upon life of another terminates.
(1)
Any person occupying premises as tenant of the owner of a life estate or any person owning an estate for the life of another, upon cessation of the measuring life, is liable to the owner of the reversion or remainder for the reasonable rental value of the premises for any period the occupant remains in possession after termination of the life estate. Rental value as used in this section has the same meaning as rental value defined in s. 704.27.
(2)
The owner of the reversion or remainder can remove the occupant in any lawful manner including eviction proceedings under ch. 799 as follows:
(a)
If the occupant has no lease for a term, upon terminating the occupant's tenancy by giving notice as provided in s. 704.19;
(b)
If the occupant is in possession under a lease for a term, upon termination of the lease or one year after written notice to the occupant given in the manner provided by s. 704.21 whichever occurs first, except that a farm tenancy can be terminated only at the end of a rental year.
(3)
The occupant must promptly after written demand give information as to the nature of the occupant's possession. If the occupant fails to do so, the reversioner or remainderman may treat the occupant as a tenant from month-to-month.
History:  1979 c. 32 s. 92 (16); 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.45 - Retaliatory conduct in residential tenancies prohibited.

704.45
Retaliatory conduct in residential tenancies prohibited.
(1)
Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord's retaliation against the tenant for doing any of the following:
(a)
Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency.
(b)
Complaining to the landlord about a violation of s. 704.07 or a local housing code applicable to the premises.
(c)
Exercising a legal right relating to residential tenancies.
(2)
Notwithstanding sub. (1), a landlord may bring an action for possession of the premises if the tenant has not paid rent other than a rent increase prohibited by sub. (1).
(3)
This section does not apply to complaints made about defects in the premises caused by the negligence or improper use of the tenant who is affected by the action or inaction.
History:  1981 c. 286.
A landlord cannot evict a tenant solely because the tenant has reported building code violations. Dickhut v. Norton, 45 Wis. 2d 389, 173 N.W.2d 297 (1970).
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.50 - Disclosure duty; immunity for providing notice about the sex offender registry.

704.50
Disclosure duty; immunity for providing notice about the sex offender registry.
(1)
Except as provided in sub. (2), a landlord or his or her agent has no duty to disclose to any person in connection with the rental of real property any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.
(2)
If, in connection with the rental of real property, a person requests of a landlord or his or her agent information related to whether a particular person is required to register as a sex offender under s. 301.45 or any other information about the sex offender registry under s. 301.45, the landlord or agent has a duty to disclose such information, if the landlord or agent has actual knowledge of the information.
(3)
Notwithstanding sub. (2), the landlord or agent is immune from liability for any act or omission related to the disclosure of information under sub. (2) if the landlord or agent in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.
History:  1999 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 704 - Landlord and tenant. › 704.95 - Practices regulated by the department of agriculture, trade and consumer protection.

704.95
Practices regulated by the department of agriculture, trade and consumer protection.
Practices in violation of s. 704.28 or 704.44 may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and consumer protection may not issue an order or promulgate a rule under s. 100.20 that changes any right or duty arising under this chapter.
History:  2011 a. 143; 2013 a. 76.
This section prohibits the Department of Agriculture, Trade and Consumer Protection from making different any right or duty originating from this chapter. Regarding security deposits, those rights or duties in s. 704.28 pertain only to the incurred costs a landlord can lawfully withhold from a tenant's security deposit and the time within which a landlord must return that deposit. Any obligation of a landlord to provide a withholdings statement to a tenant arises only under s. ATCP 134.06 (4), Wis. Adm. Code. Given that this chapter is silent on the topic of withholdings statements, nothing in s. ATCP 134.06 (4), Wis. Adm. Code, regarding withholdings statements “alters" or “makes different" anything originating from this chapter. This section thus has no bearing on the department's rulemaking authority over that subject matter. State v. Lasecki, 2020 WI App 36, 392 Wis. 2d 807, 946 N.W.2d 137, 18-2340.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.05 - Designation and powers of agent.

705.05
Designation and powers of agent.
(1)
A party to an account, notwithstanding such party's minority, or if the account has multiple parties, all of them acting in concert, may appoint one or more agents for purposes of making withdrawals from the account. The authority of an agent to make withdrawals from an account may be terminated by any party to the account upon written notice to the financial institution, and this shall not preclude a party's liability for wrongful termination of such agency.
(2)
The uses and purposes for which withdrawals may be made by an agent to an account shall be governed by agency principles of general application. The application of any sum withdrawn from an account shall only be subject to inquiry by a party to the account, and such party shall have the burden of proving breach of the agency relationship. A minor party may not disaffirm the appointment of an agent, but the period within which the minor party may inquire into the propriety of any withdrawal shall be governed by s. 893.16 or 893.18. Unless there is clear and convincing evidence of a different intent, if the agent is a spouse of a party, the sums so withdrawn may be used, but not by way of limitation, for the support and maintenance of either spouse or any common minor children.
(3)
The parties to an account may provide, by the terms of the account or by independent written power of attorney which, if later, shall have precedence over the terms of the account, that the authority conferred upon an agent shall be exercisable notwithstanding any party's legal disability. In such case the authority of the agent is also exercisable notwithstanding later uncertainty as to whether a party is dead or alive. Absent a written direction to the contrary, the foregoing power of withdrawal shall exist without the necessity of written provision if the agent is the spouse of a party, but in such a case funds so withdrawn, the application of which may be inquired into only as provided in sub. (2), may only be used for the support and maintenance of either spouse and any common minor children. This subsection shall apply to all accounts created prior to and after July 1, 1975.
History:  1973 c. 291; 1979 c. 323 s. 33; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.07 - Rights of creditors.

705.07
Rights of creditors.
(1)
Only the creditors of any living party to an account may subject the entire sums on deposit to their claims, as if such sums resulted solely from contributions made by the debtor party. If a joint or P.O.D. account requires the signatures of all of the parties for purposes of withdrawal, such account shall not be subject to the claims of creditors of a debtor party to the extent of the net contributions of the other parties to the account. Such other parties shall have the burden of proving their net contributions by clear and convincing evidence.
(2)
For purposes of ch. 242, a debtor party shall be deemed to have made a transfer only at the time some other party withdraws all or part of the sums on deposit, or at the time of the debtor party's death as to sums not previously withdrawn. In the case of a withdrawal while the debtor party is living, the sole grounds for determining any such transfer to be fraudulent shall be whether the debtor party is or will be thereby rendered insolvent under s. 242.05 (1) or whether the debtor party is engaged or is about to engage in a business or transaction for which the assets remaining in the debtor party's hands after the transfer are unreasonably small under s. 242.04 (1) (b) 1. In the case of a transfer by reason of the death of the debtor party, the sole ground for determining any such transfer to be fraudulent shall be whether the debtor party's estate subject to administration is insolvent under s. 242.02. For purposes of this subsection, the amount transferred shall be deemed to consist of those assets which the creditors of the debtor party could have made subject to their claims immediately prior to the transfer, less any sums which such creditors could have made so subject to their claims immediately after the transfer.
History:  1973 c. 291; 1987 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.08 - Construction.

705.08
Construction.
This subchapter shall be construed in such a manner as to ensure reasonable certainty of legal result for those who establish a multiple-party or agency account.
History:  1973 c. 291; 1989 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.09 - Applicability of general transfers at death provisions.

705.09
Applicability of general transfers at death provisions.
Chapter 854 applies to transfers at death under this subchapter.
History:  1997 a. 188.
Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.10 - Nonprobate transfers on death.

705.10
Nonprobate transfers on death.
(1)
A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, online tool, as defined in s. 711.03 (18), deed of gift, marital property agreement, or other written instrument of a similar nature is nontestamentary. This subsection governs a written provision that:
(a)
Money or other benefits due, controlled by or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will executed either before or at the same time as the instrument, or later;
(b)
Money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or
(c)
Any property controlled by or owned by the decedent before death which is the subject of the instrument passes to a person whom the decedent designates either in the instrument or in a separate writing, including a will executed either before or at the same time as the instrument, or later.
(2)
This section does not limit rights of creditors under other laws of this state.
(3)
Chapter 854 applies to transfers at death under this section.
(4)
A transfer under this section does not require confirmation in any procedure under s. 867.01, 867.02, or 867.03 or ch. 856 or 865. A transfer under this section may be confirmed under s. 867.046 (1m) or (2).
History:  1989 a. 331; 1997 a. 188; 2005 a. 206 s. 5; 2005 a. 216 s. 35; Stats. 2005 s. 705.10; 2007 a. 97 s. 198; 2015 a. 300.
An annuity is an “other written instrument" under sub. (1). A contractual arrangement that creates a nonprobate transfer of property subject to this section will defeat a marital agreement that does not make the transfer. Reichel v. Jung, 2000 WI App 151, 237 Wis. 2d 853, 616 N.W.2d 118, 99-1211.
No provision of s. 766.58 (3) or this section permits parties to ignore ch. 854, or to agree to prohibit court involvement in implementing a marital property agreement. That “Washington Will" provisions permit transfer of property without probate does not mean the legislature allowed parties to agree to no court involvement in implementing transfer of ownership and creating a reliable and public record of transfer. Maciolek v. City of Milwaukee Employees' Retirement System Annuity & Pension Board, 2006 WI 10, 288 Wis. 2d 62, 709 N.W.2d 360, 04-1254.
Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.21 - Definitions; transfer on death security registration.

705.21
Definitions; transfer on death security registration.
In ss. 705.21 to 705.30:
(2)
“Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(5)
“Devisee" means any person designated in a will to receive a disposition of real or personal property.
(6)
“Heir" has the meaning given in s. 851.09.
(7)
“Personal representative" has the meaning given in s. 851.23.
(8)
“Property" has the meaning given in s. 851.27.
(9)
“Register", including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(10)
“Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(11)
“Security" means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.
(12)
“Security account" means any of the following:
(a)
A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner's death.
(am)
An investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death.
(b)
A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
(13)
“State" includes any state of the United States, the District of Columbia, the commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
History:  1989 a. 331; 2005 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.22 - Registration in beneficiary form; sole or joint tenancy ownership.

705.22
Registration in beneficiary form; sole or joint tenancy ownership.
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
History:  1989 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.23 - Registration in beneficiary form; applicable law.

705.23
Registration in beneficiary form; applicable law.
A security may be registered in beneficiary form if the form is authorized by ss. 705.21 to 705.30 or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by ss. 705.21 to 705.30 or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which ss. 705.21 to 705.30 or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
History:  1989 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.24 - Origination of registration in beneficiary form.

705.24
Origination of registration in beneficiary form.
A security, whether evidenced by certificate or account, is registered in beneficiary form if the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
History:  1989 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.25 - Form of registration in beneficiary form.

705.25
Form of registration in beneficiary form.
Registration in beneficiary form may be shown by the words “transfer on death" or the abbreviation “TOD" or by the words “pay on death" or the abbreviation “POD", after the name of the registered owner and before the name of a beneficiary.
History:  1989 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.26 - Effect of registration in beneficiary form.

705.26
Effect of registration in beneficiary form.
The designation of a TOD beneficiary on a registration in beneficiary form does not affect ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners, without the consent of the beneficiary.
History:  1989 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.27 - Ownership on death of owner.

705.27
Ownership on death of owner.
Subject to the rights of the registering entity under s. 705.28 (2m), on the death of a sole owner or the last to die of multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners and to any predeceased beneficiary's issue who would take under s. 854.06 (3). On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the successors to the ownership interest. Until division of the security after the death of all owners, multiple successors to the ownership interest hold their interests as tenants in common. If no beneficiary or predeceased beneficiary's issue who would take under s. 854.06 (3) survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of multiple owners.
History:  1989 a. 331; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.28 - Protection of registering entity.

705.28
Protection of registering entity.
(1)
A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by ss. 705.21 to 705.30.
(2)
By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented upon death of the deceased owner as provided in ss. 705.21 to 705.30.
(2m)
If more than one beneficiary is named and at least one beneficiary is predeceased, a security registered in beneficiary form may be reregistered in the name of the surviving beneficiary with a proof of death of the other beneficiary, without regard to claims by the issue of a predeceased beneficiary under s. 705.27 unless the registering entity receives written notice of a claim under sub. (3) (b). If none of the beneficiaries survive, a security registered in beneficiary form may be reregistered in the name of the estate of the deceased sole owner or the estate of the owner who was last to die of multiple owners, without regard to claims by the issue of a predeceased beneficiary under s. 705.27 unless the registering entity receives written notice of a claim under sub. (3) (b).
(3)
(a)
Subject to par. (b), a registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of the deceased owner if it registers a transfer of a security in accordance with s. 705.27 and does so in good faith reliance on the registration, on ss. 705.21 to 705.30, and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity.
(b)
The protections provided in this subchapter do not extend to a reregistration or payment made after a registering entity has received written notice from a claimant to an interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this subchapter. If the registering entity has reason to believe that a dispute exists as to the rights of the parties to a security registered in beneficiary form or their successors, the registering entity may refuse to reregister the security pending instructions from a court.
(4)
The protection provided by ss. 705.21 to 705.30 to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
History:  1989 a. 331; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.29 - Nontestamentary transfer on death.

705.29
Nontestamentary transfer on death.
(1)
A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and ss. 705.21 to 705.30 and is not testamentary.
(2)
Sections 705.21 to 705.30 do not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
History:  1989 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.30 - Terms, conditions and forms for registration.

705.30
Terms, conditions and forms for registration.
(1)
A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registration in beneficiary form and for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving a problem concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters “LDPS", standing for “lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
(2)
The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(a)
Sole owner — sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.
(b)
Multiple owners — sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.
(c)
Multiple owners — primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown, JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
History:  1989 a. 331.