Wisconsin Statutes 861.07 – Personal liability of recipients
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Terms Used In Wisconsin Statutes 861.07
- Decedent: A deceased person.
- Donee: The recipient of a gift.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(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).