861.05 Augmented deferred marital property estate: calculation of property interests.

278 words·~1 min read·/wi/chapter-861/861-05

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Exclusions. The following are not included in the augmented deferred marital property estate:

(a)Transfers of deferred marital property to the extent that the decedent received full or partial consideration for the transfer in money or money’s worth.

(b)Transfers under the U.S. social security system.

(c)Transfers of deferred marital property to persons other than the spouse who did not make the transfer, with the written joinder or written consent of that spouse.

(d)Transfers of deferred marital property to the surviving spouse under s. 861.33 or 861.41 .

(e)The deferred marital property component of any deferred employment benefit plan, or of assets in an individual retirement account that are traceable to the rollover of a deferred employment benefit plan, held by the surviving spouse that would have terminated under s. 766.62

(5)had it been marital property.

(2)Valuation of decedent’s property and transfers.

(a)Property included in the augmented deferred marital property estate under s. 861.03

(1),

(c)and

(b)2. is valued as of the date of the decedent spouse’s death.

(b)Property included under s. 861.03

(a),

(b)and

(d)and

(3)is valued immediately before the decedent spouse’s death.

(c)Property included under s. 861.03

(b)1. is valued as of the date that the right, interest or power terminated.

(d)Property included under s. 861.03

(b)3. is valued as of the date of the transfer.

(e)If deferred marital property is commingled with other types of property but the deferred marital property component can be identified, only that component is valued.