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Home » US Law » 2022 Wisconsin Statutes & Annotations » Actions and Proceedings » in Special Cases. » Chapter 786 - Disposition of lands of wards; specific performance; change of names; establish heirships.

786.21 – Estate of individual adjudicated incompetent, management.

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; Stats. 1979 s. 786.21; 1997 a. 254; 2005 a. 387.

786.25 – Nonresident wards, foreign guardian to convey estate; special guardian.

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 appointed in the state, territory, district, or country where […]

786.26 – Future estates may be sold.

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 any deed or […]

786.27 – Future estates, application for sale.

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 or interest in the land. […]

786.28 – Future estates, sale, referee bond.

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 bond to the court in such amount, with such sureties and […]

786.29 – Future estates, sale, examination and report.

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 petition, and he or she shall examine […]

786.30 – Future estates, order for disposition.

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 estate or interest therein is necessary […]

786.31 – Future estates, approval of conveyance.

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 court, the referee must execute a deed, mortgage, lease […]

786.32 – Future estates, approved conveyance vests title.

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, mortgagee, lessee or other party under the conveyance, a […]

786.33 – Proceeds deemed real estate.

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 proceeds of such sale, mortgaging or other disposition of said […]

786.34 – Future estates, proceeds placed in trust.

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 held, invested and disposed of in such manner and […]

786.35 – Future estates, disposal, proceeding in rem.

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 operate directly on said land and shall be as […]

786.36 – Changing names, court procedure.

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), with proof of […]

786.37 – Change of name, notice of petition.

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 name change of a […]

786.50 – Limitation of action to recover estate sold.

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 years after […]

786.52 – When sale not avoided.

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 court before the sale […]

786.54 – Liability for neglect.

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: 1979 c. 32 s. 63; Stats. […]

786.56 – When sale valid.

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 was licensed to make […]

786.58 – Liability for fraud.

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; 1979 c. 176; Stats. […]