813.26 Final hearing and finding.
(1) At any time, during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee's death, the court may make a final finding and decree that the absentee is dead; in which event the decree and a transcript of all of the receivership proceedings shall be certified to the proper court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes set forth in s. 813.28 (1) and (3).
(2) After the lapse of 5 years from the date of the finding provided for in s. 813.23 (1), if the absentee has not appeared, the court may proceed to take further evidence and thereafter make a final finding and enter a decree declaring that all interest of the absentee in the absentee's property has ceased and devolved upon others by reason of the absentee's failure to appear and make claim.
(3) At any time, upon proof to the court that a power of attorney has been recorded as provided by s. 813.23 (1) (b), the court shall direct termination of the receivership proceedings and transfer of property held thereunder to the person in military service or to the attorney named in such power of attorney upon payment of reasonable expenses and compensation of the receiver in the discretion of the court.
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.26; 1993 a. 486.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 813 - Injunctions, ne exeat and receivers.
813.01 - Order substituted for injunction.
813.015 - Subject matter jurisdiction.
813.02 - Temporary injunction; when granted.
813.025 - Ex parte restraining orders; right of review of certain orders.
813.026 - Remedy against heirs and legatees; temporary injunction; receivership; judgment.
813.03 - When granted defendant.
813.04 - Same; when granted; Sunday or holiday.
813.06 - Security for damages.
813.07 - Assessment of damages; bill of particulars; costs.
813.08 - Injunction, defendant may be heard before enjoined.
813.11 - Injunction, additional security.
813.115 - Service notification system.
813.12 - Domestic abuse restraining orders and injunctions.
813.122 - Child abuse restraining orders and injunctions.
813.123 - Restraining orders and injunctions for individuals at risk.
813.125 - Harassment restraining orders and injunctions.
813.126 - New hearing or petition for review.
813.127 - Combined actions; domestic abuse, child abuse and harassment.
813.128 - Uniform interstate enforcement of domestic violence protection orders act.
813.1283 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act.
813.1285 - Notice and process for firearm surrender.
813.129 - Global positioning system tracking.
813.17 - Receiver; payment of employees' wages.
813.23 - Receiver may be appointed when.
813.26 - Final hearing and finding.
813.27 - Claim of absentee barred.
813.28 - Termination of receivership and disposition of property of absentee.
813.29 - Distribution of property of absentee.
813.31 - Absentee insurance fund.
813.32 - Uniformity of interpretation.