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Survivorship marital property in Wisconsin:

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Question & Answer

Review the question and all answer choices

A

Does not exist

A is incorrect because survivorship marital property does exist in Wisconsin. This misconception likely stems from confusing Wisconsin with states that don't recognize this form of ownership or misunderstanding the differences between various types of marital property ownership.

B

Passes to surviving spouse automatically

Correct Answer
C

Must go through probate

C is incorrect because survivorship marital property specifically avoids probate. The defining characteristic of survivorship property is that it passes automatically outside of the probate process, which is why it's often used in estate planning.

D

Requires court approval

D is incorrect because survivorship marital property transfers automatically without requiring court approval. This is a fundamental distinction between property with survivorship rights and other forms of ownership that require judicial oversight during transfer.

Why is this correct?

B is correct because Wisconsin law recognizes survivorship marital property, which automatically transfers to the surviving spouse upon death without going through probate. This is a key feature of certain marital property ownership forms in Wisconsin designed to streamline property transfers between spouses.

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