SB907: Bill Text

SB907,,612 766.589 (10) (form) 14. IF AFTER ENTERING INTO THIS AGREEMENT ONE OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED EFFECTIVENESS OF THIS AGREEMENT.

SB907,,613 Statutory terminable individual

SB907,,614 Property classification agreement

SB907,,615 (Pursuant to Section 766.589, Wisconsin Statutes)

SB907,,616 This agreement is entered into by .... and .... (husband and wife who are married) (who intend to marry) (strike one). The parties hereby classify the marital property owned by them when this agreement becomes effective, and property acquired during the term of this agreement which that would otherwise have been marital property, as the individual property of the owning spouse. The parties agree that ownership of such property shall be determined by the name in which the property is held and, if property is not held by either or both spouses, ownership shall be determined as if the parties were unmarried persons when the property was acquired.

SB907,,617 Upon the death of either spouse the surviving spouse may, except as otherwise provided in a subsequent marital property agreement, and regardless of whether this agreement has terminated, elect against the property of the decedent spouse as provided in section 766.589 (7) of the Wisconsin Statutes.

SB907,,618 One spouse may terminate this agreement at any time by giving signed notice of termination to the other spouse. Notice of termination by a spouse is given upon personal delivery or when sent by certified mail to the other spouse’s last-known address. The agreement terminates 30 days after such notice is given.

SB907,,619 The parties (have) (have not) (strike one) completed Schedule “A”, “Financial Disclosure”, attached to this agreement. If Schedule “A” has not been completed, the duration of this agreement is 3 years after both parties have signed the agreement. If Schedule “A” has been completed, the duration of this agreement is not limited to 3 years after it is signed.

SB907,,620 IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3 YEARS, MAKE SURE THAT SCHEDULE “A”, “FINANCIAL DISCLOSURE”, IS COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY ENTERED INTO A STATUTORY TERMINABLE INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR SPOUSE DID NOT COMPLETE SCHEDULE “A”, YOU MAY NOT EXECUTE THIS AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE “A”.

SB907,,621 Signature of One Spouse: ....

SB907,,622 Date: ....

SB907,,623 Print Name Here: ....

SB907,,624 Residence Address: ....

SB907,,625 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB907,,626 Authentication

SB907,,627 Signature .... authenticated this .... day of ...., .... (year)

SB907,,628 *....

SB907,,629 TITLE: MEMBER STATE BAR OF WISCONSIN

SB907,,630 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB907,,631 Acknowledgment

SB907,,632 STATE OF WISCONSIN   )

SB907,,633 )   ss.

SB907,,634 .... County   )

SB907,,635 Personally came before me this .... day of ...., .... (year) the above named .... to me known to be the person who executed the foregoing instrument and acknowledge the same.

SB907,,636 *....

SB907,,637 Notary Public ...., .... County, Wisconsin.

SB907,,638 My Commission is permanent.

SB907,,639 (If not, state expiration date: ...., .... (year))

SB907,,640 (Signatures may be authenticated or

SB907,,641 acknowledged. Both are not necessary.)

SB907,,642 *Names of persons signing in any capacity should be

SB907,,643 typed or printed below their signatures.

SB907,,644 Signature of Other Spouse: ....

SB907,,645 Date: ....

SB907,,646 Print Name Here: ....

SB907,,647 Residence Address: ....

SB907,,648 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB907,,649 Authentication

SB907,,650 Signature .... authenticated this .... day of ...., .... (year)

SB907,,651 *....

SB907,,652 TITLE: MEMBER STATE BAR OF WISCONSIN

SB907,,653 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB907,,654 Acknowledgment

SB907,,655 STATE OF WISCONSIN   )

SB907,,656 )   ss.

SB907,,657 .... County   )

SB907,,658 Personally came before me this .... day of ...., .... (year) the above named .... to me known to be the person who executed the foregoing instrument and acknowledge the same.

SB907,,659 *....

SB907,,660 Notary Public ...., .... County, Wisconsin.

SB907,,661 My Commission is permanent.

SB907,,662 (If not, state expiration date: ...., .... (year))

SB907,,663 (Signatures may be authenticated or

SB907,,664 acknowledged. Both are not necessary.)

SB907,,665 *Names of persons signing in any capacity should

SB907,,666 be typed or printed below their signatures.

SB907,,667 Termination of

SB907,,668 statutory terminable individual

SB907,,669 property classification agreement

SB907,,670 I UNDERSTAND THAT:

SB907,,671 1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.589 (4) OF THE WISCONSIN STATUTES.

SB907,,672 2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL PROPERTY LAW.

SB907,,673 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

SB907,,674 The undersigned terminates the statutory terminable individual property classification agreement entered into by me and my spouse on .... (date last spouse signed the agreement) under section 766.589 of the Wisconsin Statutes.

SB907,,675 Signature: ....

SB907,,676 Date: ....

SB907,,677 Print Name Here: ....

SB907,,678 Residence Address: ....

SB907,,679 Schedule “a”

SB907,,680 Financial Disclosure

SB907,,681 The following general categories of assets and liabilities are not all inclusive and if other assets or liabilities exist they should be listed. Assets should be listed according to which spouse has title (including assets owned by a spouse or the spouses with one or more third parties) and at their approximate market value.

SB907,,682 Husband   Wife   Spouse (Name)   Spouse (Name)   Both Names

SB907,,683 I.   Assets:

SB907,,684 A.   Real estate (gross value)

SB907,,685 B.   Stocks, bonds and mutual funds

SB907,,686 C.   Accounts at and certificates and other instruments issued by financial institutions

SB907,,687 D.   Mortgages, land contracts, promissory notes and cash

SB907,,688 E.   Partnership interests

SB907,,689 EL.   Limited liability company interests

SB907,,690 F.   Trust interests

SB907,,691 G.   Livestock, farm products, crops

SB907,,692 H.   Automobiles and other vehicles

SB907,,693 I.   Jewelry and personal effects

SB907,,694 J.   Household furnishings

SB907,,695 K.   Life insurance and annuities:

SB907,,696 1.   Face value

SB907,,697 2.   Cash surrender value

SB907,,698 L.   Retirement benefits (include value):

SB907,,699 1.   Pension plans

SB907,,700 2.   Profit sharing plans