The surviving spouse must be living in order for an election to be filed. If the surviving spouse does not personally file the election, it may be filed on the surviving spouse’s behalf by the spouse’s conservator, guardian or guardian ad litem, or by an agent of the spouse acting under a power of attorney.
Wis. Stat. § 861.09
Right of election by or on behalf of surviving spouse
1997 a. 188.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.