Wisconsin Statutes 852.05 – Status of child born to unmarried parents for purposes of intestate succession
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Terms Used In Wisconsin Statutes 852.05
- 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
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Intestate: Dying without leaving a will.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Marital child: means either of the following:
(a) A child who is conceived or born while his or her parents are lawfully intermarried. See Wisconsin Statutes 990.01State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(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.