Material provision for the family of a decedent has always been a matter of social concern in the American legal system. The legal system exerts its pressure by facilitating legal devices such as the trust by which the individual may set up protection for his family, and by restricting both the individual and his creditors in order to insure some minimum protection for the family out of the estate. Lawmakers, in drafting family protection laws, are confronted with the problem of striking a balance between at least three major interests in society: (1) the individual's freedom to dispose of his wealth; (2) the family's claim to support; and (3) the creditor's claim.
This Comment deals with the Wisconsin law protecting the family of a decedent. First, a composite of present Wisconsin law on family protection will be presented, with some reference to ownership practices and nonprobate assets. In addition, the growth of the present Wisconsin statutory law will be traced. Second, areas of Wisconsin law which are in need of clarification and revision will be considered and possible alternatives offered.