813.26 History
History: Sup. Ct. Order, 67 W (2d) 585, 760, 779 (1975); Stats. 1975 s. 813.26;
1993 a. 486.
813.27
813.27
Claim of absentee barred. No action shall be brought by an absentee to recover any portion of this property after the final finding and judgment provided for in
s. 813.26.
813.27 History
History: Sup. Ct. Order, 67 W (2d) 585, 760, 779 (1975); Stats. 1975 s. 813.27.
813.28
813.28
Termination of receivership and disposition of property of absentee. Upon the entry of any final finding and decree as provided in
s. 813.26, the court shall proceed to wind up the receivership and terminate the proceedings:
813.28(1)(a)
(a) By satisfying all outstanding debts and charges of the receivership; and
813.28(1)(b)
(b) By then certifying the proceedings to the proper court; or
813.28(2)(a)
(a) By satisfying all outstanding debts and charges;
813.28(2)(b)
(b) By then deducting for the insurance fund provided in
s. 813.31 a sum equal to 5 per cent of the total value of the property remaining, including amounts paid to the receivership estate from policies of insurance on the absentee's life;
813.28(3)
(3) In both cases by requiring the receiver's account and upon its approval discharging the receiver and the receiver's bondsmen and entering a final decree terminating the receivership.
813.28 History
History: Sup. Ct. Order, 67 W (2d) 585, 760, 780 (1975); Stats. 1975 s. 813.28;
1993 a. 486.
813.29
813.29
Distribution of property of absentee. The property remaining for distribution in accordance with
s. 813.28 (2) (c) shall be distributed among those persons who would be entitled thereto under the laws of descent and distribution of this state had the absentee died intestate as of the date determined by the court in its final finding and decree; or in case the absentee leaves a document which, had the absentee died, would under the laws of this state be entitled to probate as the absentee's will, the distribution shall be according to the terms of that document as of that date. The validity and effect of the distribution of said property shall be determined by the court administering the receivership and shall be final and binding upon all persons including the absentee.
813.29 History
History: Sup. Ct. Order, 67 W (2d) 585, 760, 780 (1975); Stats. 1975 s. 813.29;
1993 a. 486.
813.30
813.30
Insurance policies. 813.30(1)(1) At the time of the distribution under
s. 813.29, the court may direct the payment to the beneficiaries of any sums due and unpaid under any policies of insurance upon the life of the absentee, if the claim is uncontested by the insurer.
813.30(2)
(2) If the claim is contested, the court shall take jurisdiction of the action and shall submit to a jury, if one be called for, the issue of death of the insured and any other issues arising under the policy.
813.30(3)
(3) Where the survival of a named beneficiary is not established,
ss. 813.22 to
813.34 shall apply as if the proceeds of the insurance were a part of the estate of the absentee.
813.30(4)
(4) If in any proceeding under
subs. (1) and
(2) the absentee is not found to be deceased and the policy provides for a surrender value, the beneficiary may request the receiver, acting for the insured, to demand the payment of surrender value. The receiver's receipt for such payment shall be a release to the insurer of all claims under the policy. The receiver shall pay over to the beneficiary, if the beneficiary survives the insured, otherwise to the estate of the absentee, the sum thus received, reserving only an amount allowed by the court as costs of the proceedings under this section.
813.30(5)
(5) Payment by an insurer hereunder shall be in full discharge of all contractual liability. No action shall be brought by an absentee to recover any portion of the proceeds, or any other benefits or values, arising out of contracts of life insurance issued upon the absentee's life, after any distribution of such property pursuant to this section.
813.30 History
History: Sup. Ct. Order, 67 W (2d) 585, 760, 780 (1975); Stats. 1975 s. 813.30;
1993 a. 486.
813.31
813.31
Absentee insurance fund. 813.31(1)
(1) In each case of termination of receivership as provided in
s. 813.28, the court, except in cases where the proceedings have been certified to the proper court under
s. 813.26 (1), shall set aside the sum there named and direct its payment by the receiver, to the state treasurer.
813.31(2)
(2) The state treasurer shall retain or invest the funds thus paid in.
813.31(3)
(3) If at any time thereafter an absentee whose estate has been distributed under a final finding and judgment made as herein provided shall appear and make claim for reimbursement, the court may in a proceeding by the claimant against the state treasurer order payment to the claimant as in its opinion may be fair and adequate under the circumstances.
813.31 History
History: Sup. Ct. Order, 67 W (2d) 585, 760, 780 (1975); Stats. 1975 s. 813.31.
813.32
813.32
Uniformity of interpretation. Sections 813.22 to
813.34 shall be so construed as to make uniform the law of those states which enact it.
813.32 History
History: Sup. Ct. Order, 67 W (2d) 585, 760, 780 (1975); Stats. 1975 s. 813.32.
813.33
813.33
Name of act. Sections 813.22 to
813.34 may be cited as the "Uniform Absence as Evidence of Death and Absentee's Property Act."
813.33 History
History: Sup. Ct. Order, 67 W (2d) 585, 760, 780 (1975); Stats. 1975 s. 813.33.
813.34
813.34
Time of taking effect and not retroactive. The provisions of
ss. 813.22 to
813.34 shall not be retroactive and they shall take effect on July 1, 1942.
813.34 History
History: Sup. Ct. Order, 67 W (2d) 585, 760, 780 (1975); Stats. 1975 s. 813.34.
