The Surviving Spouse's Right to Quasi-Community Property: A Proposal Based on the Uniform Probate Code

Abstract

This Article will critique the Wisconsin deferred marital proper­ty system and propose an alternative which draws on the elective share provisions of the new Uniform Probate Code. While our proposal may be of primary interest to readers concerned with Wisconsin law, we believe that because it is based on the UPC, the proposal would be an appropriate model for the four remaining community property states - Arizona, New Mexico, Nevada, and Texas - that do not deal with quasi-community property at the death of a spouse. In addition, because our analysis of the Wisconsin system identifies some problems - especially the problem of quasi-communi­ty property held by the surviving spouse - that exist in all current quasi-community systems in the U.S., and because none of these systems appear to cover all non-probate quasi-community property, we hope that readers familiar with the quasi-community property systems of California, Idaho, Louisiana, and Washington will find it useful as well.