Chapter 786

CHAPTER 786

DISPOSITION OF LANDS OF WARDS; SPECIFIC PERFORMANCE;
CHANGE OF NAMES; ESTABLISH HEIRSHIPS

786.01   Conveyance of lands held in trust by persons under disability.

786.02   Specific performance of contract of individual adjudicated incompetent.

786.03   Specific performance; order; appeal.

786.04   Specific performance; conveyance; warranties.

786.05   Specific performance; recording order; effect.

786.06   Realty of wards; grounds for mortgage, sale, lease.

786.07   Realty of wards or individuals adjudicated incompetent; application for sale or encumbrance.

786.08   Realty of wards; guardian; bond; prosecution of breach.

786.09   Inquiry relative to sale or encumbrance.

786.10   Order for lease, mortgage, sale.

786.11   Contract for lease, mortgage, sale; approval.

786.12   Wards; acquisition or other disposal of real estate.

786.13   Platting realty of wards before sale.

786.14   Realty of wards; will or conveyance not disregarded.

786.15   Realty of wards, validity of the conveyance.

786.16   Realty of wards; effect of sale; proceeds realty.

786.17   Realty of wards, proceeds, how applied; accounts.

786.18   Ward’s estate is subject to particular estates.

786.19   Ward’s particular estate, disposition.

786.20   Minor, ward of the court.

786.21   Estate of individual adjudicated incompetent, management.

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

786.26   Future estates may be sold.

786.27   Future estates, application for sale.

786.28   Future estates, sale, referee bond.

786.29   Future estates, sale, examination and report.

786.30   Future estates, order for disposition.

786.31   Future estates, approval of conveyance.

786.32   Future estates, approved conveyance vests title.

786.33   Proceeds deemed real estate.

786.34   Future estates, proceeds placed in trust.

786.35   Future estates, disposal, proceeding in rem.

786.36   Changing names, court procedure.

786.37   Change of name, notice of petition.

786.50   Limitation of action to recover estate sold.

786.52   When sale not avoided.

786.54   Liability for neglect.

786.56   When sale valid.

786.58   Liability for fraud.

786.01 786.01 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, upon the petition of the guardian of the minor or individual adjudicated incompetent or of any person in any way interested in the real estate, make an order authorizing or compelling the minor or individual adjudicated incompetent to convey and assure the lands or interest in the lands to any person entitled thereto, in such manner as the court directs.

786.01 History History: 1977 c. 449; 1979 c. 32 s. 63; Stats. 1979 s. 786.01; 2005 a. 387.

786.02 786.02 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 of the guardian of the individual adjudicated incompetent or of any other person interested in the contract.

786.02 History History: 1977 c. 449; 1979 c. 32 s. 63; Stats. 1979 s. 786.02; 2005 a. 387.

786.03 786.03 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. The court may, by such order, direct the guardian of such individual adjudicated incompetent, or a special guardian appointed in such proceeding, to do any act which is necessary to carry such order into effect. The court may further direct that the reasonable expenses of the proceedings be paid out of the proceeds of the sale. No appeal shall lie from such order unless notice of intention to appeal shall be filed with the court within 10 days after date of the order. The court may enforce such order by any proper proceedings.

786.03 History History: 1979 c. 32 s. 63; Stats. 1979 s. 786.03; 2005 a. 387.

786.04 786.04 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 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.

786.04 History History: 1979 c. 32 s. 63; 1979 c. 176; Stats. 1979 s. 786.04; 2005 a. 387.

786.05 786.05 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 of the authority of the guardian to convey. Every such conveyance shall be as effectual in passing the estate as if the individual adjudicated incompetent were then competent and executed the conveyance.

786.05 History History: 1979 c. 32 s. 63; Stats. 1979 s. 786.05; 2005 a. 387.

786.06 786.06 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:

786.06(1) (1) When the personal property and the income of the real estate of such minor or individual adjudicated incompetent are together insufficient for the payment of his or her debts or for the maintenance and education of himself or herself and family;

786.06(2) (2) When the interests of such minor or individual adjudicated incompetent require or will be substantially promoted by such disposition on account of such real estate or interest therein being exposed to waste or dilapidation, or being unproductive, or for other peculiar reasons or circumstances.

786.06 History History: 1979 c. 32 s. 63; 1979 c. 176; Stats. 1979 s. 786.06; 2005 a. 387.

786.07 786.07 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 in which the guardian for the minor or individual adjudicated incompetent has been appointed, by petition of the guardian of the minor or of the individual or by any relative or other person in behalf of either. The petition must be verified and must set forth the facts which would authorize the selling, mortgaging or leasing of the real estate or some part of the real estate for one or more of the reasons set forth in s. 786.06. If the real estate sold or some part of the real estate is situated in a county other than that in which the proceeding is taken, a certified copy of the order confirming the sale containing the name of the purchaser, the selling price and a description of the property sold shall be recorded in the office of the register of deeds of the county in which the real estate or any part of the real estate is situated. When the minor or individual adjudicated incompetent has a guardian and the application is to any court other than the court in which the guardian was appointed, notice of hearing of the application shall be given by mailing a copy of the notice to the judge of the court that appointed the guardian, and also to the guardian, unless he or she is the petitioner, at least 10 days before the date of the hearing.

786.07 History History: 1977 c. 449; 1979 c. 32 ss. 63, 92 (14); Stats. 1979 s. 786.07; 2005 a. 387.

786.08 786.08 Realty of wards; guardian; bond; prosecution of breach.