880.60(10)(d)
(d) If the guardian is accountable for property derived from sources other than the U.S. department of veterans affairs, the guardian shall be accountable as required under the applicable law of this state pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the U.S. department of veterans affairs, and as to such other property shall be entitled to the compensation provided by such law. The account for other property may be combined with the account filed in accordance with this section.
880.60(11)
(11) Penalty for failure to account. If any guardian shall fail to file with the court any account as required by this section, or by an order of the court, when any account is due or within 30 days after citation issues as provided by law, or shall fail to furnish the U.S. department of veterans affairs a true copy of any account, petition or pleading as required by this section, such failure may in the discretion of the court be ground for removal.
880.60(12)
(12) Compensation of guardians. Guardians shall be compensated as provided in
s. 880.24 (1).
880.60(13)
(13) Investments. Every guardian shall invest the surplus funds of the ward's estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the U.S. department of veterans affairs, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.
880.60(14)
(14) Maintenance and support. A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the U.S. department of veterans affairs and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading.
880.60(15)(a)(a) The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect the ward's interest, or, if the ward is not a minor as a home for the ward's dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the U.S. department of veterans affairs and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.
880.60(15)(b)
(b) Before authorizing such investment the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This subsection does not limit the right of the guardian on behalf of the guardian's ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.
880.60(16)
(16) Copies of public records to be furnished. When a copy of any public record is required by the U.S. department of veterans affairs to be used in determining the eligibility of any person to participate in benefits made available by the U.S. department of veterans affairs, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on the applicant's behalf or the authorized representative of the U.S. department of veterans affairs with a certified copy of such record.
880.60(17)
(17) Discharge of guardian and release of sureties. In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the U.S. department of veterans affairs showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the U.S. department of veterans affairs upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered competency. Upon hearing after notice as provided by this section and the determination by the court that the ward has attained majority or has recovered competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the U.S. department of veterans affairs as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due from the guardian, the guardian shall be discharged and the sureties released.
880.60(18)
(18) Liberal construction. This section shall be so construed to make uniform the law of those states which enact it.
880.60(19)
(19) Short title. This section may be cited as the "Uniform Veterans' Guardianship Act."
880.60(20)
(20) Modification of other statutes. Except where inconsistent with this section, the statutes relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to beneficiaries and their estates.
880.60(21)
(21) Application of section. The provisions of this section relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in
sub. (1) whether the guardian shall have been appointed under this section or under any other law of this state, special or general, prior or subsequent to June 5, 1947.
UNIFORM TRANSFERS TO MINORS ACT
880.61(1)
(1) "Adult" means an individual who has attained the age of 21 years.
880.61(2)
(2) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for that person's account or for the account of others.
880.61(3)
(3) "Conservator" means a person appointed or qualified by a court to act as general, limited or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
880.61(4)
(4) "Court" means the circuit court.
880.61(5)
(5) "Custodial property" means any interest in property transferred to a custodian under
ss. 880.61 to
880.72 and the income from and proceeds of that interest in property.
880.61(6)
(6) "Custodian" means a person so designated under
s. 880.65 or a successor or substitute custodian designated under
s. 880.695.
880.61(7)
(7) "Financial institution" means a bank, trust company, savings bank, savings and loan association or other savings institution, or credit union, chartered and supervised under state or federal law.
880.61(8)
(8) "Legal representative" means an individual's personal representative or conservator.
880.61(9)
(9) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption.
880.61(10)
(10) "Minor" means an individual who has not attained the age of 21 years.
880.61(11)
(11) "Personal representative" means an executor, administrator, successor personal representative or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
880.61(12)
(12) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.
880.61(13)
(13) "Transfer" means a transaction that creates custodial property under
s. 880.65.
880.61(15)
(15) "Trust company" means a financial institution, corporation or other legal entity, authorized to exercise general trust powers.
880.61 History
History: 1987 a. 191;
1991 a. 221.
880.615
880.615
Scope and jurisdiction. 880.615(1)
(1)
Sections 880.61 to
880.72 apply to a transfer that refers to
ss. 880.61 to
880.72 in the designation under
s. 880.65 (1) by which the transfer is made if at the time of the transfer the transferor, the minor or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to
ss. 880.61 to
880.72 despite a subsequent change in residence of a transferor, the minor or the custodian, or the removal of custodial property from this state.
880.615(2)
(2) A person designated as custodian under
s. 880.65 to
880.695 is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
880.615(3)
(3) A transfer that purports to be made and which is valid under the uniform transfers to minors act, the uniform gifts to minors act or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state.
880.615 History
History: 1987 a. 191.
880.62
880.62
Nomination of custodian. 880.62(1)
(1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian, followed in substance by the words: "as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act". The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment or a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer or other obligor of the contractual rights.
880.62(2)
(2) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under
s. 880.65 (1).
880.62(3)
(3) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under
s. 880.65. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property under
s. 880.65.
880.62 History
History: 1987 a. 191.
880.625
880.625
Transfer by gift or exercise of power of appointment. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor under
s. 880.65.
880.625 History
History: 1987 a. 191.
880.63
880.63
Transfer authorized by will or trust. 880.63(1)
(1) A personal representative or trustee may make an irrevocable transfer under
s. 880.65 to a custodian for the benefit of a minor as authorized in the governing will or trust.
880.63(2)
(2) If the testator or settlor has nominated a custodian under
s. 880.62 to receive the custodial property, the transfer must be made to that person.
880.63(3)
(3) If the testator or settlor has not nominated a custodian under
s. 880.62, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under
s. 880.65 (1).
880.63 History
History: 1987 a. 191.
880.635
880.635
Other transfer by fiduciary. 880.635(1)
(1) Subject to
sub. (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor under
s. 880.65 in the absence of a will or under a will or trust that does not contain an authorization to do so.
880.635(2)
(2) Subject to
sub. (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor under
s. 880.65.
880.635(3)(a)
(a) The personal representative, trustee or conservator considers the transfer to be in the best interest of the minor;
880.635(3)(b)
(b) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and
880.635(3)(c)
(c) The transfer is authorized by the court if it exceeds $10,000 in value.
880.635 History
History: 1987 a. 191.
880.64
880.64
Transfer by obligor. 880.64(1)(1) Subject to
subs. (2) and
(3), a person not subject to
s. 880.63 or
880.635 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor under
s. 880.65.
880.64(2)
(2) If a person having the right to do so under
s. 880.62 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
880.64(3)
(3) If no custodian has been nominated under
s. 880.62, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value.
880.64 History
History: 1987 a. 191.
880.645
880.645
Receipt for custodial property. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian under
ss. 880.61 to
880.72.
880.645 History
History: 1987 a. 191.
880.65
880.65
Manner of creating custodial property and effecting transfer; designation of initial custodian; control. 880.65(1)(1) Custodial property is created and a transfer is made whenever:
880.65(1)(a)
(a) An uncertificated security or a certificated security in registered form is either:
880.65(1)(a)1.
1. Registered in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: "as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act"; or
880.65(1)(a)2.
2. Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in
sub. (2);
880.65(1)(b)
(b) Money is paid or delivered, or a security held in the name of a broker, financial institution or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: "as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act";
880.65(1)(c)
(c) The ownership of a life or endowment insurance policy or annuity contract is either:
880.65(1)(c)1.
1. Registered with the issuer in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: "as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act"; or
880.65(1)(c)2.
2. Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act";
880.65(1)(d)
(d) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer or other obligor that the right is transferred to the transferor, an adult other than the transferor or a trust company, whose name in the notification is followed in substance by the words: "as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act";
880.65(1)(e)
(e) An interest in real property is recorded in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: "as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act";
880.65(1)(f)
(f) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:
880.65(1)(f)1.
1. Issued in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: "as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act"; or
880.65(1)(f)2.
2. Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act"; or
880.65(1)(g)
(g) An interest in any property not described in
pars. (a) to
(f) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in
sub. (2).
Transfer under the Wisconsin Uniform
Transfers to Minors Act
I, .... (name of transferor or name and representative capacity if a fiduciary) hereby transfer to .... (name of custodian), as custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act, the following: .... (insert a description of the custodial property sufficient to identify it).
Dated: ....
....
(Signature)
.... (name of custodian) acknowledges receipt of the property described above, as custodian for the minor named above under the Wisconsin Uniform Transfers to Minors Act.
