Amendment SSA1-SB391

SB391-SSA1,168,15 808.075 (4) (f) 7. Direction for use of estate for benefit of wards under s. 880.21 54.19 (4).

SB391-SSA1, s. 250 Section 250. 808.075 (4) (f) 8. of the statutes is amended to read:

SB391-SSA1,168,18 808.075 (4) (f) 8. Examination of annual accounts and assets under s. 880.25 ss. 54.62 and 54.66.

SB391-SSA1, s. 251 Section 251. 808.075 (4) (f) 9. of the statutes is amended to read:

SB391-SSA1,168,20 808.075 (4) (f) 9. Removal of guardian under s. 880.251 54.68 (4) (d).

SB391-SSA1, s. 252 Section 252. 808.075 (4) (f) 11. of the statutes is amended to read:

SB391-SSA1,168,22 808.075 (4) (f) 11. Termination of guardianship under s. 880.26 54.64.

SB391-SSA1, s. 253 Section 253. 808.075 (4) (f) 12. of the statutes is amended to read:

SB391-SSA1,168,25 808.075 (4) (f) 12. Restoration of specific legal rights under s. 880.33 (3) 54.64 (2) (c).

SB391-SSA1, s. 254 Section 254. 808.075 (4) (f) 13. of the statutes is amended to read:

SB391-SSA1,169,3 808.075 (4) (f) 13. Authorization of purchase of a home for a ward under s. 880.60 54.852 (15) (a).

SB391-SSA1, s. 255 Section 255. 813.12 (5) (d) of the statutes is amended to read:

SB391-SSA1,169,8 813.12 (5) (d) A petition may be prepared and filed by the person who alleges that he or she has been the subject of domestic abuse or by the guardian , as defined in s. 880.01 (3), of an incompetent individual , as defined in s. 880.01 (4), adjudicated incompetent in this state who has been the subject of domestic abuse.

SB391-SSA1, s. 256 Section 256. 813.123 (3) (b) 1. of the statutes is amended to read:

SB391-SSA1,169,11 813.123 (3) (b) 1. That a guardian ad litem be appointed under s. 880.331 (1) for the vulnerable adult.

SB391-SSA1, s. 257 Section 257. 814.61 (12) (a) 1. of the statutes is amended to read:

SB391-SSA1,169,17 814.61 (12) (a) 1. For receiving a trust fund, or handling or depositing money under s. 757.25, or 807.10 (3) or 880.04 (2) (a), at the time the money is deposited with the clerk, a fee of $10 or 0.5% 0.5 percent of the amount deposited, whichever is greater. In addition, a fee of $10 shall be charged upon each withdrawal of any or all of the money deposited with the clerk.

SB391-SSA1, s. 258 Section 258. 814.66 (1) (b) 2. of the statutes is amended to read:

SB391-SSA1,169,24 814.66 (1) (b) 2. For filing a petition for guardianship of the estate under ch. 880 54 or an application for conservatorship under ch. 880 s. 54.76, if the value of the property, less encumbrances, liens or charges, is $10,000 the amount specified under s. 867.03 (1g) (intro.) or less, a fee of $20 and, if more than $10,000 the amount specified under s. 867.03 (1g) (intro.), a fee of 0.2% 0.2 percent of the value of the property, less encumbrances, liens or charges.

SB391-SSA1, s. 259 Section 259. 814.66 (1) (m) of the statutes is amended to read:

SB391-SSA1,170,3 814.66 (1) (m) For filing a petition under s. 880.155 54.56, whether in a guardianship or temporary guardianship proceeding or to commence an independent action, $60.

SB391-SSA1, s. 260 Section 260. 814.66 (1) (n) of the statutes is created to read:

SB391-SSA1,170,8 814.66 (1) (n) For depositing or disbursing money under s. 54.12 (1) (a), a fee of $10 or 0.5 percent of the amount deposited, whichever is greater at the time the money is deposited with the register in probate, and a fee of $10 whenever any withdrawal is made of the money deposited with the register in probate.

SB391-SSA1, s. 261 Section 261. 842.25 of the statutes is amended to read:

SB391-SSA1,170,12 842.25 Incompetent's share Share of individual adjudicated incompetent. The share of any ward shall be paid to the general guardian of the ward's estate of the ward, except under s. 54.12 (1) or s. 880.04 (2), 2003 stats.

SB391-SSA1, s. 262 Section 262. 851.72 (2) of the statutes is amended to read:

SB391-SSA1,170,19 851.72 (2) Keep a court record of every proceeding in the court under chs. 54 and 851 to 880 879 under its proper title, a brief statement of the nature of the proceeding and of all papers filed therein, with the date of filing and a reference to where minute records can be found or to the microfilm or optical disk or electronic file where papers have been stored so that the court record is a complete index or brief history of each proceeding from beginning to final disposition.

SB391-SSA1, s. 263 Section 263. 851.72 (3) of the statutes is amended to read:

SB391-SSA1,170,25 851.72 (3) Keep a minute record and enter therein a brief statement of all proceedings of the court under chs. 54 and 851 to 880 879 during its sessions, all motions made and by whom, all orders granted in open court or otherwise, and the names of all witnesses sworn or examined. If this information is all included in the court record, the judge may direct that the minute record be no longer kept.

SB391-SSA1, s. 264 Section 264. 851.73 (1) (a) of the statutes is amended to read:

SB391-SSA1,171,6 851.73 (1) (a) May make orders for hearings when the judge is away from the county seat or unable to discharge duties or when given authority in writing by the judge and an application is made to the court in a proceeding under chs. 54 and 851 to 880 879 requiring notice of hearing. The order and notice when signed "by the court, ...., register in probate" has the same effect as if signed by the judge.

SB391-SSA1, s. 265 Section 265. 854.08 (5) (title) of the statutes is amended to read:

SB391-SSA1,171,9 854.08 (5) (title) Sale or loss of property of an individual adjudicated incompetent.

SB391-SSA1, s. 266 Section 266. 854.13 (2) (f) of the statutes is amended to read:

SB391-SSA1,171,14 854.13 (2) (f) Disclaimer by guardian or conservator. A guardian of the estate or a conservator appointed under ch. 54 or ch. 880 , 2003 stats., may disclaim on behalf of his or her ward, with court approval, if the ward is entitled to disclaim under this section.

SB391-SSA1, s. 267 Section 267. 854.17 of the statutes is amended to read:

SB391-SSA1,171,18 854.17 Classification; how determined. In chs. 54 and 851 to 882, classification of the property of a decedent spouse and surviving spouse is determined under ch. 766.

SB391-SSA1, s. 268 Section 268. 857.15 of the statutes is amended to read:

SB391-SSA1,172,7 857.15 When personal representative removed, resigns. The judge may accept the written resignation of any personal representative. When a personal representative becomes is adjudicated incompetent, disqualified, unsuitable, incapable of discharging the personal representative's duties, or is a nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and caused such appointment to be filed with the court, the court shall remove the personal representative. When any personal representative has failed to perform any duty imposed by law or by any lawful order of the court or has ceased to be a resident of the state, the court may remove the personal representative. When grounds for removal appear to exist, the court on its own motion or on the petition of any person interested shall order the personal representative to appear and show cause why the personal representative should not be removed.

SB391-SSA1, s. 269 Section 269. 860.13 of the statutes is amended to read:

SB391-SSA1,172,16 860.13 Who not to be purchaser, mortgagee or lessee without court approval. The personal representative may not be interested as a purchaser, mortgagee, or lessee of any property in the estate unless the purchase, mortgage, or lease is made with the written consent of the persons interested and of the guardian ad litem for minors and incompetents individuals adjudicated incompetent or with the approval of the court after petition and hearing on notice given under s. 879.03 to all persons interested, or unless the will of the decedent specifically authorizes the personal representative to be interested as a purchaser, mortgagee , or lessee.

SB391-SSA1, s. 270 Section 270. 862.03 (title) of the statutes is amended to read:

SB391-SSA1,172,19 862.03 (title) Account of incompetent, deceased or removed personal representative adjudicated incompetent, deceased, or removed.

SB391-SSA1, s. 271 Section 271. 862.03 (1) of the statutes is amended to read:

SB391-SSA1,173,2 862.03 (1) Incompetent personal Personal representative adjudicated incompetent. If a personal representative is adjudged adjudicated incompetent, the account under s. 862.01 shall be filed by the personal representative's guardian, or, if the personal representative's guardian fails to file, then by the personal representative's bondsman. If neither the guardian nor the bondsman files an account, the court shall appoint a special administrator to file the account of the incompetent personal representative who is adjudicated incompetent.

SB391-SSA1, s. 272 Section 272. 862.03 (4) of the statutes is amended to read:

SB391-SSA1,173,8 862.03 (4) Payment for preparation. The person who prepares and files an account in accordance with this section shall be allowed the reasonable value of the person's services to be paid out of the estate, and the fees of the incompetent, deceased or removed personal representative who is adjudicated incompetent, deceased, or removed shall be reduced accordingly.

SB391-SSA1, s. 273 Section 273. 863.43 of the statutes is amended to read:

SB391-SSA1,173,16 863.43 Distribution to ward; notice. At least 10 days prior to distribution of a share or legacy for the benefit of a minor or individual adjudicated incompetent for whom a guardian of the minor's or incompetent's estate has been appointed, the personal representative shall notify the court appointing the guardian of the estate, in writing, the total property to be distributed to the guardian of the estate for the benefit of the guardian's ward. An affidavit of mailing the notice shall be filed before making the distribution.

SB391-SSA1, s. 274 Section 274. 863.45 of the statutes is amended to read:

SB391-SSA1,173,23 863.45 Receipts from guardians. If a distributee of an estate is a minor or an individual adjudicated incompetent and has within this state a guardian of his or her estate, the personal representative shall deliver the money or other property to the guardian of the estate, take a receipt from the guardian of the estate, and file the receipt with the court. The court shall transmit a certified copy of the receipt to the court which appointed the guardian of the estate.

SB391-SSA1, s. 275 Section 275. 865.02 (1) (b) 1. of the statutes is amended to read:

SB391-SSA1,174,6 865.02 (1) (b) 1. All interested persons request or consent in writing to informal administration and to the appointment of the same person as personal representative. A guardian or guardian ad litem may consent on behalf of an interested person who is a minor or is an individual adjudicated incompetent. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23.

SB391-SSA1, s. 276 Section 276. 865.03 (1) of the statutes is amended to read:

SB391-SSA1,174,16 865.03 (1) A formal proceeding in this chapter is a judicial proceeding before the court involving the administration of the estate of a decedent, including a court proceeding concerning the use or availability of this chapter. It is distinguished from an administrative proceeding before the probate registrar. Formal proceedings, either as to a particular issue or as to the entire subsequent administration of the estate, may be initiated by the personal representative or by any interested person at any time by a written demand therefor. Formal proceedings may be demanded by a guardian or guardian ad litem on behalf of an interested person who is a minor or otherwise is an individual adjudicated incompetent.

SB391-SSA1, s. 277 Section 277. 867.03 (1c) of the statutes is amended to read:

SB391-SSA1,174,19 867.03 (1c) Definition. In this section, "guardian" has the meaning given in s. 54.01 (10) or s. 880.01 (3), 2003 stats.

SB391-SSA1, s. 278 Section 278. 878.07 (4) of the statutes is amended to read:

SB391-SSA1,175,3 878.07 (4) Separate and joint actions; action by ward; accounting, when unnecessary. An action upon a bond by or in behalf of one person interested does not bar or in any way affect the right of any other person interested to maintain an action thereon, but separate actions or a joint action may be maintained thereon by or in behalf of any or all persons interested, but the action does not impair any other remedy of the ward. An accounting is not necessary before bringing an action against sureties when if the personal representative, special administrator, guardian, or trustee dies or, moves out of the state , or becomes is adjudicated incompetent.

SB391-SSA1, s. 279 Section 279. 879.09 of the statutes is amended to read:

SB391-SSA1,175,14 879.09 Notice requirement satisfied by waiver of notice. Persons who are not minors or individuals adjudicated incompetent, on behalf of themselves, and appointed guardians ad litem and guardians of the estate on behalf of themselves and those whom they represent, may in writing waive the service of notice upon them and consent to the hearing of any matter without notice, except that guardians ad litem cannot waive the notice of a hearing to prove a will or for administration on behalf of those whom they represent. An attorney, or attorney-in-fact, for a person in the military service may waive notice on behalf of himself or herself but cannot waive notice on behalf of the person in the military service. Waiver of notice by any person is equivalent to timely service of notice.

SB391-SSA1, s. 280 Section 280. 879.11 of the statutes is amended to read:

SB391-SSA1,176,2 879.11 Notice requirement satisfied by appearance. An appearance by a person who is not a minor or an individual adjudicated incompetent is equivalent to timely service of notice upon the person. An appearance by a guardian of the estate is equivalent to timely service of notice upon the guardian and upon the guardian's ward. An appearance by a guardian ad litem is equivalent to timely service of notice upon the guardian ad litem and except at a hearing to prove a will or for administration is equivalent to timely service of notice upon those whom the guardian ad litem represents. An appearance by an attorney, or an attorney-in-fact, for a person in the military service is equivalent to timely service of notice upon the attorney or attorney-in-fact but does not satisfy a requirement for notice to the person in the military service.

SB391-SSA1, s. 281 Section 281. 879.13 of the statutes is amended to read:

SB391-SSA1,176,11 879.13 Delayed service of notice. If for any reason notice to any person, including a minor or an individual adjudicated incompetent, is insufficient, the court may at any time order service of notice together with documents required under ss. 858.03 and 862.09 and, where required, appoint a guardian ad litem under s. 879.23 and require the person or the person's guardian ad litem to show cause why the person should not be bound by the action already taken in the proceedings as though the person had been timely served with notice. Such person may consent in writing to be bound.

SB391-SSA1, s. 282 Section 282. 879.15 (1) of the statutes is amended to read:

SB391-SSA1,176,16 879.15 (1) A minor or individual adjudicated incompetent person shall appear by a guardian ad litem or by the guardian of his or her estate, who may appear by attorney, or by another person under the doctrine of virtual representation as provided in s. 879.23 (5);

SB391-SSA1, s. 283 Section 283. 879.19 of the statutes is amended to read:

SB391-SSA1,176,24 879.19 Attorney, notice to. Except for a person in the military service, as provided in s. 879.09, if a person interested who is not a minor or an individual adjudicated incompetent has retained an attorney to represent him or her and the attorney has mailed a notice of retainer and request for service to the attorney for the personal representative and filed a copy with the court, any notice which that would be given to the person interested shall instead be given to the attorney, and the attorney may waive notice for the person interested under s. 879.09.

SB391-SSA1, s. 284 Section 284. 879.23 (1) of the statutes is amended to read:

SB391-SSA1,177,9 879.23 (1) Virtual representation. A guardian ad litem shall be appointed for any person interested who is a minor or an individual adjudicated incompetent and has no guardian of his or her estate, or where the guardian of the minor's or incompetent's individual's estate fails to appear on the minor's or incompetent's individual's behalf or where the interest of the minor or incompetent individual is adverse to that of the guardian of the minor's or incompetent's individual's estate. A guardian ad litem may be appointed for persons not in being or presently unascertainable. A guardian ad litem shall not be appointed or appear in the same matter for different persons whose interests are conflicting.

SB391-SSA1, s. 285 Section 285. 879.23 (4) (a) of the statutes is amended to read:

SB391-SSA1,177,18 879.23 (4) (a) Except as provided in par. (b) or (c), the guardian ad litem appointed under this section shall be either an attorney admitted to practice in this state or a parent or child of the minor or individual adjudicated incompetent to be represented by the guardian ad litem. A parent or child of the person to be represented may be appointed the guardian ad litem under this section only if the court finds either that the prospective guardian ad litem is an attorney admitted to practice in this state or is otherwise suitably qualified to perform the functions of the guardian ad litem.

SB391-SSA1, s. 286 Section 286. 879.23 (4) (c) of the statutes is amended to read:

SB391-SSA1,178,4 879.23 (4) (c) In matters relating to the probate of an estate in which an individual adjudicated incompetent has an interest that is unlikely to exceed $1,000 in value, the guardian ad litem shall be a surviving parent, unless the court finds that no surviving parent is qualified and willing to serve as the guardian ad litem. If the court finds that no surviving parent is qualified and willing to serve, the guardian ad litem shall be an adult child of the incompetent individual, unless the court finds that no adult child of the incompetent individual is qualified and willing to serve as the guardian ad litem. If the court finds that neither a parent nor an adult child of the individual adjudicated incompetent is qualified and willing to serve as the guardian ad litem, the court shall appoint an attorney as provided in par. (a).

SB391-SSA1, s. 287 Section 287. 879.23 (5) of the statutes is amended to read:

SB391-SSA1,178,10 879.23 (5) Virtual representation. The court may dispense with or terminate the appointment of a guardian ad litem for an interested person who is a minor, an individual adjudicated incompetent, not in being, or presently unascertainable, if there is a living person, of full legal rights and capacity, who is a party to the proceeding and has a substantially identical interest in it.

SB391-SSA1, s. 288 Section 288. 879.26 of the statutes is amended to read:

SB391-SSA1,178,15 879.26 Waiver of right to certain documents. Any person who is not a minor or an individual adjudicated incompetent may in writing waive the person's right to be given a statement that the inventory has been filed under s. 858.03 and a copy of accounts under s. 862.11.

SB391-SSA1, s. 289 Section 289. 879.27 (4) of the statutes is amended to read:

SB391-SSA1,178,20 879.27 (4) Who may appeal on behalf of minor or individual adjudicated incompetent. In all cases the appeal on behalf of any minor or individual adjudicated incompetent person may be taken and prosecuted by the guardian of the minor's or incompetent's individual's estate or by a guardian ad litem.

SB391-SSA1, s. 290 Section 290. 879.27 (5) of the statutes is amended to read:

SB391-SSA1,179,2 879.27 (5) Limitation on bond and costs. On appeals from courts assigned to exercise probate jurisdiction to the court of appeals no bond may be required of, or costs awarded against, any alleged incompetent individual or person acting in behalf of an alleged incompetent individual on an appeal from an adjudication of incompetency, and no bond may be required of any personal representative, guardian, or trustee of a testamentary trust.

SB391-SSA1, s. 291 Section 291. 879.57 of the statutes is amended to read:

SB391-SSA1,179,19 879.57 Special administrator; personal representative, guardian. If it is found by the court to be necessary to appoint a personal representative or guardian and there appears to be no person in the state to petition for the appointment or there appears to be no suitable person to be so appointed, the court shall, upon its own motion or upon the petition of any interested party, grant administration of an estate of a decedent or guardianship of the estate of a minor or incompetent person individual who is adjudicated incompetent to the interested party or a special administrator, and he or she shall thereupon take possession of the estate and protect and preserve it, and proceed with the administration and with the care and management of the estate. The authority of a special administrator in the administration or guardianship may be revoked at any time upon the appointment and qualification of a personal representative or guardian, or when for any other cause the court deems it just or expedient. Revocation of authority does not invalidate the special administrator's acts performed prior to revocation and does not impair the special administrator's rights to receive from the estate his or her legal charges and disbursements, to be determined by the court.

SB391-SSA1, s. 292 Section 292. Chapter 880 (title) of the statutes is repealed.

SB391-SSA1, s. 293 Section 293. Subchapter I (title) of chapter 880 [precedes 880.01] of the statutes is repealed.

SB391-SSA1, s. 294 Section 294. 880.01 (intro.) of the statutes is repealed.

SB391-SSA1, s. 295 Section 295. 880.01 (1) of the statutes is renumbered 54.01 (2) and amended to read: