861.04 Augmented deferred marital property estate: surviving spouse's property and transfers to others.
(1) Subject to s. 861.05, the augmented deferred marital property estate includes the value of any deferred marital property that would have been included under s. 861.03 had the surviving spouse been the decedent.
(2m) When the surviving spouse is treated as the decedent under sub. (1), the decedent is not treated as the surviving spouse for the purposes of s. 861.05 (1) (e) or (2m).
History: 1997 a. 188; 2005 a. 216.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 861 - Probate — family rights.
861.01 - Ownership of marital property at death.
861.02 - Deferred marital property elective share amount.
861.05 - Augmented deferred marital property estate: calculation of property interests.
861.06 - Satisfaction of deferred marital property elective share amount.
861.07 - Personal liability of recipients.
861.08 - Proceeding for election; time limit.
861.09 - Right of election by or on behalf of surviving spouse.
861.10 - Waiver of right to elect; failure to elect.
861.11 - Protection of payers and other 3rd parties.
861.17 - Rights in property transferred in fraud of surviving spouse.
861.20 - Surviving spouse's right in nondomiciliary decedent's real property in this state.
861.21 - Assignment of home to surviving spouse or surviving domestic partner.
861.31 - Allowance to family during administration.
861.33 - Selection of personalty by surviving spouse or surviving domestic partner.
861.41 - Exemption of property to be assigned to surviving spouse or surviving domestic partner.
861.43 - Authority and powers of conservator, guardian or agent.