Chapter 786 — DISPOSITION OF LANDS OF WARDS; SPECIFIC PERFORMANCE;CHANGE OF NAMES; ESTABLISH HEIRSHIPS
39 sections in this chapter.
Wis. Stat. § 786.01 Conveyance of lands held in trust by persons under disability
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786.01 Conveyance of lands held in trust by persons under disability. Whenever any minor or individual adjudicated incompetent is seized or possessed of any lands or interest in any lands by way of mortgage or in trust only for others, the circuit court of the proper county may, …
Wis. Stat. § 786.02 Specific performance of contract of individual adjudicated incompetent
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786.02 Specific performance of contract of individual adjudicated incompetent. A circuit court may authorize or compel the specific performance of any contract made by any individual who is adjudicated incompetent before performance of the contract, on the complaint or petition o…
Wis. Stat. § 786.03 Specific performance; order; appeal
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786.03 Specific performance; order; appeal. No order authorizing or directing any such conveyance or the performance of any such contract shall be made until after hearing the parties and being satisfied that such conveyance ought to be made or such contract ought to be performed…
Wis. Stat. § 786.04 Specific performance; conveyance; warranties
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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 …
Wis. Stat. § 786.05 Specific performance; recording order; effect
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786.05 Specific performance; recording order; effect. A certified copy of such judgment directing such conveyance, which is recorded in the office of the register of deeds in the county where the lands lie, shall be prima facie evidence of the correctness of the proceedings and o…
Wis. Stat. § 786.06 Realty of wards; grounds for mortgage, sale, lease
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786.06 Realty of wards; grounds for mortgage, sale, lease. Any real estate, or interest therein belonging to a minor or to an individual adjudicated incompetent may be sold, mortgaged or leased: (1) When the personal property and the income of the real estate of such minor or ind…
Wis. Stat. § 786.07 Realty of wards or individuals adjudicated incompetent; application for sale or encumbrance
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786.07 Realty of wards or individuals adjudicated incompetent; application for sale or encumbrance. The application for the disposition must be made to the circuit court of the county in which the real estate or some part thereof is situated or to the circuit court of the county …
Wis. Stat. § 786.08 Realty of wards; guardian; bond; prosecution of breach
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786.08 Realty of wards; guardian; bond; prosecution of breach. (1) (a) When the application is made on behalf of a minor or individual adjudicated incompetent, who has no guardian, the court shall appoint some suitable person special guardian of the minor or individual in the pro…
Wis. Stat. § 786.09 Inquiry relative to sale or encumbrance
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786.09 Inquiry relative to sale or encumbrance. Upon the presentation of such petition and the filing of such bond the court or the presiding judge may proceed in a summary manner to inquire into the merits of such application or make an order referring it to some suitable person…
Wis. Stat. § 786.10 Order for lease, mortgage, sale
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786.10 Order for lease, mortgage, sale. If, after an examination of the matter by the court or judge to which application is made, without a reference, or on the coming in of the report of the referee, and on examination of the matter, it shall satisfactorily appear that a dispos…
Wis. Stat. § 786.11 Contract for lease, mortgage, sale; approval
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786.11 Contract for lease, mortgage, sale; approval. No lease, mortgage or sale shall be made until an agreement therefor shall have been entered into by such guardian subject to the approval of the proper court or judge. Upon the confirmation of such agreement by such court or j…
Wis. Stat. § 786.12 Wards; acquisition or other disposal of real estate
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786.12 Wards; acquisition or other disposal of real estate. Under this chapter, the court in which a guardian has been appointed for a minor or an individual adjudicated incompetent may, in addition to the provisions of this chapter, make any disposition of the real estate of the…
Wis. Stat. § 786.13 Platting realty of wards before sale
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786.13 Platting realty of wards before sale. Whenever an order shall have been made for the sale of any such real estate and it shall be made to appear to the court or judge that the interest of the minor or other ward would be promoted by platting such real estate the court or j…
Wis. Stat. § 786.14 Realty of wards; will or conveyance not disregarded
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786.14 Realty of wards; will or conveyance not disregarded. No real estate or interest therein shall be sold, mortgaged or leased under the provisions of this chapter contrary to the provisions of any will by which the same was devised or of any conveyance by which the same was t…
Wis. Stat. § 786.15 Realty of wards, validity of the conveyance
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786.15 Realty of wards, validity of the conveyance. Every deed, mortgage, lease or other conveyance made in good faith by the guardian of a minor or individual adjudicated incompetent, pursuant to any order or judgment of a circuit court, made under the provisions of this chapter…
Wis. Stat. § 786.16 Realty of wards; effect of sale; proceeds realty
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786.16 Realty of wards; effect of sale; proceeds realty. No sale of the real estate of any minor or individual adjudicated incompetent shall give to the minor or individual any other or greater interest or estate in the proceeds of such sale than the minor or individual had in th…
Wis. Stat. § 786.17 Realty of wards, proceeds, how applied; accounts
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786.17 Realty of wards, proceeds, how applied; accounts. (1) The court shall make an order for the application and disposition of the proceeds of any such sale or mortgage, and of the income derived from the investment thereof and of the rent accruing upon any such lease, and dir…
Wis. Stat. § 786.18 Ward’s estate is subject to particular estates
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786.18 Ward’s estate is subject to particular estates. (1) If the real estate or interest therein of any minor or any individual adjudicated incompetent that is directed to be sold is subject to an estate for life or for years in the whole or any part thereof the order for the sa…
Wis. Stat. § 786.19 Ward’s particular estate, disposition
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786.19 Ward’s particular estate, disposition. Where the interest of the minor or individual adjudicated incompetent in real estate consists of an estate for life or for years the court or presiding judge may, by order, authorize the guardian to join with the individual holding th…
Wis. Stat. § 786.20 Minor, ward of the court
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786.20 Minor, ward of the court. From the time of application on behalf of a minor having no guardian for the disposition of property, the minor shall be considered the ward of the court in which the application is made, so far as it relates to property, its proceeds and income. …
Wis. Stat. § 786.21 Estate of individual adjudicated incompetent, management
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786.21 Estate of individual adjudicated incompetent, management. The real estate of an individual adjudicated incompetent may not be leased for more than 5 years, or mortgaged or disposed of otherwise than is authorized and directed by this chapter. History: 1979 c. 32 s. 63; Sta…
Wis. Stat. § 786.25 Nonresident wards, foreign guardian to convey estate; special guardian
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786.25 Nonresident wards, foreign guardian to convey estate; special guardian. (1) If a minor or individual adjudicated incompetent residing outside this state owns any right, title, or interest in or to any real estate in this state and has a guardian or conservator who has been…
Wis. Stat. § 786.26 Future estates may be sold
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786.26 Future estates may be sold. Any real estate or interest therein which may at any time in the future be owned or possessed by any after-born child or by any person, whether in being or not, known or unknown, who shall or may become interested therein under and by virtue of …
Wis. Stat. § 786.27 Future estates, application for sale
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786.27 Future estates, application for sale. The application for the disposition may be made to the circuit court for the county in which the real estate or some part or interest therein is situated, by the verified petition of any one or more of the parties having any title to o…
Wis. Stat. § 786.28 Future estates, sale, referee bond
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786.28 Future estates, sale, referee bond. Upon the application being made, the circuit court must appoint some suitable person as referee, under whose direction the sale, mortgaging, leasing or other disposition of the lands or interest shall be made, which referee shall give a …
Wis. Stat. § 786.29 Future estates, sale, examination and report
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786.29 Future estates, sale, examination and report. Upon the filing of the bond, the circuit court may proceed in a summary manner to inquire into the merits of the application, or make an order directing the referee to inquire into and report upon the matters contained in the p…
Wis. Stat. § 786.30 Future estates, order for disposition
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786.30 Future estates, order for disposition. If, after the summary examination or on the coming in of the report of the referee, and on examination of the matter it shall satisfactorily appear that a sale, mortgage, lease or other disposition of the whole or any part of the real…
Wis. Stat. § 786.31 Future estates, approval of conveyance
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786.31 Future estates, approval of conveyance. No such sale, mortgage, lease or other disposition of the property may be made until an agreement therefor is entered into by the referee, subject to the approval of the circuit court. Upon the confirmation of such agreement by the c…
Wis. Stat. § 786.32 Future estates, approved conveyance vests title
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786.32 Future estates, approved conveyance vests title. Every deed, mortgage, lease or other conveyance made in good faith by the referee pursuant to any order or judgment of the circuit court, made under ss. 786.26 to 786.35, is valid and effectual to vest in the purchaser, mort…
Wis. Stat. § 786.33 Proceeds deemed real estate
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786.33 Proceeds deemed real estate. No sale, mortgage, lease or other conveyance made as aforesaid of the real estate or any interest therein of any person, whether in being or not, shall give to such person any other or greater interest or estate in the Updated 23-24 Wis. Stats.…
Wis. Stat. § 786.34 Future estates, proceeds placed in trust
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786.34 Future estates, proceeds placed in trust. The proceeds of the sale, mortgage, lease or other conveyance of the real estate, after payment under the direction of the circuit court of the costs and expenses of the proceedings, shall be paid to some designated trustee, and he…
Wis. Stat. § 786.35 Future estates, disposal, proceeding in rem
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786.35 Future estates, disposal, proceeding in rem. The proceeding under ss. 786.26 to 786.35 shall be deemed to be a proceeding in rem against the land or interest therein, and the final order providing for the sale, mortgaging, leasing or other disposition of the same shall ope…
Wis. Stat. § 786.36 Changing names, court procedure
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786.36 Changing names, court procedure. (1) Except as provided in sub. (3) or s. 301.47, any resident of this state, whether a minor or adult, upon petition to the circuit court of the county where he or she resides and upon filing a copy of the notice required under s. 786.37 (1…
Wis. Stat. § 786.37 Change of name, notice of petition
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786.37 Change of name, notice of petition. (1) Before petitioning the court to change or establish a name, the petitioner shall publish a class 3 notice under ch. 985 stating the nature of the petition and when and where the petition will be heard. (2) If the petition is for the …
Wis. Stat. § 786.50 Limitation of action to recover estate sold
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786.50 Limitation of action to recover estate sold. An action for the recovery of any estate sold by a guardian on a cause of action which accrues prior to July 1, 1980 may not be maintained by the ward or by any person claiming under the ward unless it is commenced within 5 year…
Wis. Stat. § 786.52 When sale not avoided
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786.52 When sale not avoided. A sale of real estate by a guardian is not avoided by any irregularity in the proceedings if it appears that the guardian was licensed to make the sale by the circuit court having jurisdiction; that the guardian gave a bond which was approved by the …
Wis. Stat. § 786.54 Liability for neglect
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786.54 Liability for neglect. If there is any neglect or misconduct in the proceedings of the guardian in relation to a sale, by which any person interested in the estate is damaged, the aggrieved party may recover in an action on the bond of the guardian or otherwise. History: 1…
Wis. Stat. § 786.56 When sale valid
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786.56 When sale valid. The validity of a sale made by a guardian may not be questioned by any person claiming under any title that is not derived from or through the deceased persons or the ward, on account of any irregularity in the proceedings if it appears that the guardian w…
Wis. Stat. § 786.58 Liability for fraud
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786.58 Liability for fraud. A guardian who fraudulently sells real estate of the ward, contrary to the provisions of law, is liable in double the value of the land sold as damages, to be recovered in an action by any person having an inheritance therein. History: 1979 c. 32 s. 63…