786.04 Specific performance; conveyance; warranties. The court may require the guardian to convey the real estate which such individual adjudicated incompetent might or ought to have conveyed if still competent. Where such individual contracted before incompetency to convey real estate by warranty deed, the guardian shall convey by warranty deed subject to any exceptions set forth in the individual’s contract to convey. The
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Minor, ward of the court. Estate of individual adjudicated incompetent, management. Nonresident wards, foreign guardian to convey estate; special guardian. Future estates may be sold. Future estates, application for sale. Future estates, sale, referee bond. Future estates, sale, examination and report. Future estates, order for disposition. Future estates, approval of conveyance. Future estates, approved conveyance vests title. Proceeds deemed real estate. Future estates, proceeds placed in trust. Future estates, disposal, proceeding in rem. Changing names, court procedure. Change of name, notice of petition. Limitation of action to recover estate sold. When sale not avoided. Liability for neglect. When sale valid. Liability for fraud.
guardian shall not be personally liable because of any breach of such warranty, but such warranty deed shall have the same effect for all purposes as if the individual adjudicated incompetent had executed it at such time while competent. This section is applicable where an individual adjudicated incompetent before incompetency made an assignment of a contract to convey real estate but did not deed to the assignee the title to the premises covered by the contract. History: 1979 c. 32 s. 63; 1979 c. 176; Stats. 1979 s. 786.04; 2005 a. 387.