786.16
786.16
Realty of wards; effect of sale; proceeds realty. No sale of the real estate of any minor or individual adjudicated incompetent shall give to the minor or individual any other or greater interest or estate in the proceeds of such sale than the minor or individual had in the estate so sold; but the said proceeds shall be deemed real estate of the same nature as the property sold.
786.16 History
History: 1979 c. 32 s.
63;
1979 c. 176; Stats. 1979 s. 786.16;
2005 a. 387.
786.17
786.17
Realty of wards, proceeds, how applied; accounts. 786.17(1)(1) The court shall make an order for the application and disposition of the proceeds of any such sale or mortgage, and of the income derived from the investment thereof and of the rent accruing upon any such lease, and direct the investment of any portion thereof belonging to the minor or individual adjudicated incompetent that is not needed for the payment of debts or the immediate support of the individual and the individual's family, so as to secure the same for the benefit of the minor or individual, and shall direct a return of the investment to be made on oath as soon as possible, and shall require accounts to be rendered periodically by any guardian or other person who may be entrusted with the disposition of the proceeds or the income thereof.
786.17(2)
(2) If a guardian or other person fails or neglects to make a proper return or to render such accounts as the order of the circuit court requires the court may find the guardian or other person in default.
786.17 History
History: 1977 c. 449;
1979 c. 32 s.
63; Stats. 1979 s. 786.17;
2005 a. 387.
786.18
786.18
Ward's estate is subject to particular estates. 786.18(1)(1) If the real estate or interest therein of any minor or any individual adjudicated incompetent that is directed to be sold is subject to an estate for life or for years in the whole or any part thereof the order for the sale may, in the discretion of the court or presiding judge, direct that such estate shall be sold, with the reversionary estate or interest of the minor or individual.
786.18(2)
(2) After a sale under
sub. (1), the court or judge shall ascertain the present value of the estate and direct the payment of the sum in gross, or the investment of the proceeds or the proper portion of the proceeds and the payment of the interest to the person having the particular estate until the expiration of the estate.
786.18 History
History: 1979 c. 32 s.
63; Stats. 1979 s. 786.18;
1985 a. 29;
2005 a. 387.
786.19
786.19
Ward's particular estate, disposition. Where the interest of the minor or individual adjudicated incompetent in real estate consists of an estate for life or for years the court or presiding judge may, by order, authorize the guardian to join with the individual holding the reversionary estate in a conveyance of the property to which such interest attaches, so as to fully convey the particular estate, on receiving from the proceeds of the sale a gross sum in satisfaction of such estate or such proceeds or the proper portion thereof to be invested, and the interest thereon paid to the individual having the estate until the termination thereof; in either case the amount to be ascertained as prescribed in
s. 786.18. When the proceeds or a proportionate part of such proceeds is received by the guardian for investment, the order of the court or presiding judge must provide for the investment thereof until termination of the particular estate, and then for the payment thereof to the individual entitled thereto.
786.19 History
History: 1979 c. 32 ss.
63,
92 (14);
1979 c. 176; Stats. 1979 s. 786.19;
2005 a. 387.
786.20
786.20
Minor, ward of the court. From the time of application on behalf of a minor having no guardian for the disposition of property, the minor shall be considered the ward of the court in which the application is made, so far as it relates to property, its proceeds and income.
786.20 History
History: 1979 c. 32 s.
63;
1979 c. 176; Stats. 1979 s. 786.20;
2005 a. 387.
786.21
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.
786.21 History
History: 1979 c. 32 s.
63; Stats. 1979 s. 786.21;
1997 a. 254;
2005 a. 387.
786.25
786.25
Nonresident wards, foreign guardian to convey estate; special guardian. 786.25(1)
(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 he or she resides and no guardian appointed in this state, the foreign guardian or conservator may file a copy of the appointment, authenticated so as to make the same receivable in evidence, in the circuit court for the county in which the real estate of the minor or individual adjudicated incompetent is situated.
786.25(2)
(2) Upon filing of the appointment under
sub. (1) and proper application, the foreign guardian or conservator may be licensed by the court or presiding judge to lease, mortgage, or sell the real estate of his or her ward in the county under
sub. (1), or any portion thereof, or interest therein, in the same manner and upon the same terms and conditions and for the same purposes as prescribed in this chapter in the case of a guardian appointed in this state. The court, or the presiding judge thereof, may, upon the petition of such foreign guardian or conservator, appoint some suitable person residing in this state, special guardian of the minor or individual adjudicated incompetent to make the lease, mortgage, or sale in the manner provided by this chapter.
786.25(3)
(3) In case a special guardian shall be appointed the moneys arising from such lease, mortgage or sale shall be paid out and disposed of or invested as may be directed by the court or judge appointing such special guardian. The duly authenticated copy of the appointment of any guardian or conservator appointed in any other state, district, territory, or country together with a duly authenticated copy of the appointment of the special guardian of such minor or individual adjudicated incompetent, shall also be properly recorded and tract indexed at the ward's expense in the office of the register of deeds of the county in which such real estate is situated.
786.25 History
History: 1977 c. 449;
1979 c. 32 s.
63; Stats. 1979 s. 786.25;
1993 a. 486;
2005 a. 387.
786.26
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 other instrument, or by any last will and testament, may be sold, mortgaged, leased or otherwise disposed of as provided in
ss. 786.26 to
786.35.
786.26 History
History: 1979 c. 32 ss.
63,
92 (14); Stats. 1979 s. 786.26.
786.27
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. If any petitioners are minors, the petition shall be signed by their general guardian. The petition must set forth facts which would authorize the selling, mortgaging, leasing or otherwise disposing of the real estate or some part thereof, or interest therein, for one or more of the reasons set forth in
s. 786.06. The lands or interests therein shall be sold, mortgaged, leased or otherwise disposed of in such manner as will best promote the interests of those concerned, whether in being or not, and whether their interests are present or contingent. Notice of the application shall be given to all parties having any title to or interest in the lands, who are living at the time of the petition, except those who have joined in the petition at least 10 days prior to the date of the hearing of the application, by service of the same as provided in
ch. 801 for the service of the summons in a civil action.
786.27 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 775 (1975);
1977 c. 449;
1979 c. 32 ss.
63,
92 (14); Stats. 1979 s. 786.27.
786.28
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 in such form as the court directs, conditioned as provided in
s. 786.08. All proceedings had prior to June 7, 1913, under this chapter in county courts not having civil jurisdiction are hereby legalized.
786.28 History
History: 1977 c. 449;
1979 c. 32 ss.
63,
92 (14); Stats. 1979 s. 786.28.
786.29
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 the representations made, hear the parties interested in the property or otherwise interested in the application, and report thereupon with all convenient speed.
786.29 History
History: 1977 c. 449;
1979 c. 32 s.
63; Stats. 1979 s. 786.29.
786.30
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 or proper, the circuit court shall make an order directing the sale, mortgaging, leasing or other disposition of the real estate or interest therein or of such part thereof as the court deems proper to be made by the referee, in such manner and with such restrictions as deemed expedient.
786.30 History
History: 1977 c. 449;
1979 c. 32 s.
63; Stats. 1979 s. 786.30.
786.31
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 or other instrument of conveyance as directed by the said order of confirmation.
786.31 History
History: 1977 c. 449;
1979 c. 32 s.
63; Stats. 1979 s. 786.31.
786.32
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 good and sufficient title as against all persons having, or who may have, any title to or interest or estate in the lands, whether in being or not, under or by virtue of the terms of any deed or other instrument, or under and by virtue of any last will and testament, and the court may require any or all parties who are living having any interest in the lands to join the referee in the execution of the instrument of conveyance and release all their interests therein.
786.32 History
History: 1977 c. 449;
1979 c. 32 ss.
63,
92 (14); Stats. 1979 s. 786.32.
786.33
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 lands or interest therein than the person had in the estate so sold or disposed of but the said proceeds shall be deemed real estate of the same nature as the property sold.
786.33 History
History: 1979 c. 32 s.
63;
1979 c. 176; Stats. 1979 s. 786.33.
786.34
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 for such time as designated by the court for the benefit of such persons as may be or become interested in the lands or interests under and by virtue of the deed or other instrument or the will and testament, and the proceeds, as well as the interest and income thereof, shall at all times abide the order of the court.
786.34 History
History: 1977 c. 449;
1979 c. 32 s.
63; Stats. 1979 s. 786.34.
786.35
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 valid, effectual and binding as though the party to be affected thereby were then living or had a present vested interest in the same.
786.35 History
History: 1979 c. 32 ss.
63,
92 (14); Stats. 1979 s. 786.35.
786.36
786.36
Changing names, court procedure. 786.36(1)
(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 publication, may, if no sufficient cause is shown to the contrary, have his or her name changed or established by order of the court. Subject to
sub. (1m), if the person whose name is to be changed is a minor under the age of 14 years, the petition may be made by whichever of the following is applicable:
786.36(1)(a)
(a) Both parents, if they are living, or the survivor of them.
786.36(1)(b)
(b) The guardian or person having legal custody of the minor, if both parents are dead or if the parental rights of both parents have been terminated by judicial proceedings.
786.36(1)(c)
(c) The minor's mother, if the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.803 and if paternity of the minor has not been established.
786.36(1m)(a)1.1. Subject to
subd. 2., the name of a minor under 14 years of age who has 2 living parents may be changed on the petition of one parent if, in addition to filing a copy of the notice required under
s. 786.37 (1), with proof of publication, the petitioning parent files proof of service as required under
s. 786.37 (2) and the nonpetitioning parent does not appear at the hearing on the petition or otherwise answer the petition.
786.36(1m)(a)2.
2. If the nonpetitioning parent cannot be found or provided with notice, the name of a minor under 14 years of age who has 2 living parents may be changed on the petition of one parent if, in addition to meeting the filing requirements under
subd. 1., the petitioning parent has made a reasonable attempt to find and provide notice to the nonpetitioning parent, but with reasonable diligence the nonpetitioning parent cannot be found or provided with notice, and the nonpetitioning parent does not appear at the hearing or otherwise answer the petition.
786.36(1m)(b)
(b) If the nonpetitioning parent appears at the hearing on the petition or otherwise answers the petition and shows that he or she has not abandoned the minor, as described in
s. 48.415 (1) (a) 3.,
(b), and
(c), or failed to assume parental responsibility for the minor, as described in
s. 48.415 (6), the court shall require the consent of the nonpetitioning parent before changing the name of the minor.
786.36(2)
(2) The order shall be entered at length upon the records of the court and a certified copy of the record shall be recorded in the office of the register of deeds of the county, who shall make an entry in a book to be kept by the register. The fee for recording a certified copy is the fee specified under
s. 59.43 (2) (ag). If the person whose name is changed or established was born or married in this state, the clerk of the court shall send to the state registrar of vital statistics, on a form designed by the state registrar of vital statistics, an abstract of the record, duly certified, accompanied by the fee prescribed in
s. 69.22, which fee the clerk of court shall charge to and collect from the petitioner. The state registrar of vital statistics shall then correct the birth record, marriage record or both, and direct the register of deeds and local registrar to make similar corrections on their records.
786.36(3)
(3) No person engaged in the practice of any profession for which a license is required by the state may change his or her given name or his or her surname to any other given name or any other surname than that under which the person was originally licensed in the profession in this or any other state, in any instance in which the state board or commission for the particular profession, after a hearing, finds that practicing under the changed name operates to unfairly compete with another practitioner or misleads the public as to identity or otherwise results in detriment to the profession or the public. This prohibition against a change of name by a person engaged in the practice of any profession does not apply to any person legally qualified to teach in the public schools in this state, nor to a change of name resulting from marriage or divorce, nor to members of any profession for which there exists no state board or commission authorized to issue licenses or pass upon the qualifications of applicants or hear complaints respecting conduct of members of the profession.
786.36(4)
(4) Any change of name other than as authorized by law is void.
786.36 Annotation
Although a woman may adopt the surname of her husband subsequent to marriage by customarily using that name, there is no common law, case law, or statutory requirement in Wisconsin that she do so. If the woman continues to use her antenuptial surname, her name is unchanged by the fact that marriage has occurred. In re Petition of Kruzel,
67 Wis. 2d 138,
226 N.W.2d 458 (1975).
786.36 Annotation
The state's interest in identifying a convicted felon by his current name during incarceration and while on parole was sufficient cause to deny a name change petition. Williams v. Racine County Circuit Court,
197 Wis. 2d 841,
541 N.W.2d 514 (Ct. App. 1995),
94-2930.
786.36 Annotation
Wisconsin recognizes the common law right to change one's name through consistent and continuous use as long as the change is not effected for a fraudulent purpose. State v. Hansford,
219 Wis. 2d 226,
580 N.W.2d 171 (1998),
97-0885.
786.36 Annotation
Although s. 69.15 (1) (a) provides for changing a name according to an order in a paternity action, it does not provide authority to order a name change in a paternity action without complying with the procedural requirements for a name change under this section. Paternity of Noah J.M.
223 Wis. 2d 768,
590 N.W.2d 21 (Ct. App. 1998),
97-2353.
786.36 Annotation
A legal name change gives a person a positive right to use that new name. That positive right may be relinquished by the person's conduct in the carrying of his or her name. If the person uses another name, others have the right to call the person by that other name and to create and file documents under that name. State v. Tiggs, 2002 WI App 181,
256 Wis. 2d 739,
649 N.W.2d 709,
01-2685.
786.36 Annotation
In the Name of the Father: Wisconsin's Antiquated Approach to Child Name Change in Post-Divorce and Paternity Proceedings. Ritterbusch. 83 MLR 279.
786.36 Annotation
Women's names in Wisconsin: In Re Petition of Kruzel. MacDougall, 1975 WBB No. 4.
786.37
786.37
Change of name, notice of petition. 786.37(1)
(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.
786.37(2)
(2) If the petition is for the name change of a minor under 14 years of age who has 2 living parents and if the petition is being made by one parent of the minor, the petitioner shall, in addition to publishing the notice under
sub. (1), serve a copy of the notice and petition on the nonpetitioning parent in the same manner as a summons is served under
s. 801.11 (1).
786.37(3)
(3) This section does not apply to the name change of a minor if the parental rights to the minor of both parents have been terminated, guardianship and legal custody of the minor have been transferred under
subch. VIII of ch. 48, the minor has been placed in a permanent foster home or a permanent treatment foster home, and the guardian and legal custodian of the minor have petitioned to change the minor's name to the name or names of the minor's foster parents or treatment foster parents.
786.50
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 the termination of the guardianship. Minors and others under legal disability at the time when the cause of action subject to this section accrues may commence their action at any time within 5 years after the removal of the disability.
786.50 History
History: 1979 c. 32 s.
63;
1979 c. 176;
1979 c. 323 s.
24; Stats. 1979 s. 786.50.
786.52
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 if a bond was required; that the guardian gave the notice of the time and place of sale as prescribed by law; that the premises were sold accordingly and the sale confirmed by the court, and that the premises are held by one who purchased them in good faith.
786.52 History
History: 1977 c. 449;
1979 c. 32 s.
63; Stats. 1979 s. 786.52.
786.54
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.
786.54 History
History: 1979 c. 32 s.
63; Stats. 1979 s. 786.54.
786.56
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 the sale by a court having jurisdiction and that the guardian did accordingly execute and acknowledge, in legal form, a deed for the conveyance of the premises.
786.56 History
History: 1979 c. 32 s.
63;
1979 c. 176; Stats. 1979 s. 786.56.
786.58
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.
786.58 History
History: 1979 c. 32 s.
63;
1979 c. 176; Stats. 1979 s. 786.58.
