Community Property—Statutory Agreement for Disposition at Death—Termination

Recently adopted Initiative 2081 has evoked no small amount of comment, much of which centers about the problems of uncertainty, utility, and questioned reception and treatment by the courts. Although passed with the stated aim of eliminating probate expenses, the uncertainty of the Initiative may well occasion, in the individual case, as much or more litigation expense than probate ever would. This consideration, where survivorship is the end sought, may well lead to increased use of the relatively more certain community property agreement. Because of this possibility of increased use, and because In re Wittman emphasizes the manner in which community property agreements may be terminated, a few brief comments on this recent case are deemed to be merited.