Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1209 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-6031/1
2	2	SWB&JAM:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1209
5	5	April 11, 2024 - Introduced by Representatives SNYDER, SINICKI and PALMERI.
6	6	Referred to Committee on Family Law.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to amend 767.375 (2) of the statutes; relating to: notification of
9	9	automatic revocation of certain revocable transfers from former spouse upon
10	10	divorce, annulment, or legal separation.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill provides that before a court enters a judgment of annulment, divorce,
13	13	or legal separation, the court must provide each of the parties to the action with
14	14	notice in plain language of statutory provisions under which a divorce, annulment,
15	15	or similar event effects, with certain exceptions, an automatic revocation of certain
16	16	provisions from a former spouse or domestic partner.
17	17	Under current law, a divorce, annulment, or similar event automatically does
18	18	all of the following: 1) revokes any revocable disposition of property made by one
19	19	spouse to the former spouse or a relative of the former spouse in a governing
20	20	instrument; 2) revokes any disposition created by law to the former spouse or a
21	21	relative of the former spouse; 3) revokes any revocable provision made by the spouse
22	22	in a governing instrument conferring a power of appointment on the former spouse
23	23	or a relative of the former spouse; 4) revokes the spouse's revocable nomination of the
24	24	former spouse or a relative of the former spouse to serve in any fiduciary or
25	25	representative capacity; and 5) severs the interests of a spouse and former spouse in
26	26	property held by them as joint tenants with the right of survivorship or as
27	27	survivorship marital property and transforms the interests of the spouse and former
28	28	spouse into tenancies in common. Certain exceptions to these provisions may apply
29	29	if the parties have a marital property agreement, and the automatic revocation
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31	31	2
32	32	3 - 2 -2023 - 2024 Legislature LRB-6031/1
33	33	SWB&JAM:amn
34	34	ASSEMBLY BILL 1209
35	35	provisions do not apply if the express terms of a governing instrument, court order,
36	36	or contract relating to the division of the spouse's and former spouse's property made
37	37	between the spouse and the former spouse provide otherwise; if the divorce,
38	38	annulment, or similar event is nullified; if the spouse and former spouse have
39	39	remarried or entered into a new domestic partnership before the death of the spouse;
40	40	or if the transfer is made under a governing instrument and the person who executed
41	41	the governing instrument had an intent contrary to any of the automatic revocation
42	42	provisions.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 767.375 (2) of the statutes is amended to read:
46	46	767.375 (2) REVOCATION OF REVOCABLE TRANSFERS AT DEATH. Unless sub. (1)
47	47	applies, revocation of revocable transfers at death by a former spouse to the other
48	48	former spouse, or to relatives of the other former spouse, under an instrument
49	49	executed before the judgment of annulment, divorce or legal separation is governed
50	50	by s. 854.15. Before a court enters a judgment of annulment, divorce, or legal
51	51	separation, the court shall provide each of the parties notice in plain language of the
52	52	provisions of s. 854.15.
53	53	(END)
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