reglab/housing_qa huggingface dataset:
WI Stat § 879.33 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.33 - Costs, if allowed; judgment for.

879.33  Costs, if allowed; judgment for. Costs may be allowed in all appealable contested matters in court to the prevailing party, to be paid by the losing party or out of the estate as justice may require; and if costs are allowed they shall be taxed by the register in probate after the notice required in ch. 814. If costs are allowed, the court shall render judgment therefor, stating in whose favor and against whom rendered and the amount, and a list of the items making the amount shall be filed with the papers in the case. Costs shall not be taxed against a guardian ad litem, except as provided in s. 814.14.History:  Sup. Ct. Order, 50 Wis. 2d vii (1971); Sup. Ct. Order, 67 Wis. 2d 783; 1977 c. 449.Comment of Judicial Council, 1971: Generally, costs shall not be taxed against a guardian ad litem. [Re Order effective July 1, 1971]Nothing in this section or s. 879.37 suggests a trial is necessary for an award of attorney fees and costs. When a party concedes nothing and an opposing party capitulates before the court to the very best outcome the first party could have achieved if the matter had proceeded to trial, the first party has prevailed. Troy v. Hurkman, 2017 WI App 59, 378 Wis. 2d 75, 902 N.W.2d 794, 16-0387.
WI Stat § 879.35 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.35 - Costs in will contests.

879.35  Costs in will contests. Costs may be awarded out of the estate to an unsuccessful proponent of a will if the unsuccessful proponent is named in the will to act as personal representative and propounded the document in good faith, and to the unsuccessful contestant of a will if the unsuccessful contestant is named to act as personal representative in another document propounded by the unsuccessful contestant in good faith as the last will of the decedent.History:  1993 a. 486; 2001 a. 102.A finding of undue influence on the part of the unsuccessful proponent disqualifies the proponent from asserting “good faith" under the statute. In re Estate of Christen, 72 Wis. 2d 8, 239 N.W.2d 528 (1976).If the court finds good faith, the court may, but need not, award costs and attorney fees to the unsuccessful proponent of a will. Estate of Persha, 2002 WI App 113, 255 Wis. 2d 767, 649 N.W.2d 661, 01-1132.
WI Stat § 879.37 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.37 - Attorney fees in contests.

879.37  Attorney fees in contests. Reasonable attorney fees may be awarded out of the estate to the prevailing party in all appealable contested matters, to an unsuccessful proponent of a will if the unsuccessful proponent is named in the will to act as personal representative and propounded the document in good faith, and to the unsuccessful contestant of a will if the unsuccessful contestant is named to act as personal representative in another document propounded by the unsuccessful contestant in good faith as the last will of the decedent.History:  1993 a. 486; 2001 a. 102.A finding of undue influence on the part of the unsuccessful proponent disqualifies it from asserting “good faith" under this section. In re Estate of Christen, 72 Wis. 2d 8, 239 N.W.2d 528 (1976).If the court finds good faith, the court may, but need not, award costs and attorney fees to the unsuccessful proponent of a will. Estate of Persha, 2002 WI App 113, 255 Wis. 2d 767, 649 N.W.2d 661, 01-1132.An objector is a prevailing party if he or she achieves some significant benefit in litigation involving a claim against the estate. The prevailing party can include multiple interested parties who register objections and defend. The awarding of attorney fees is not limited to when the personal representative fails to act or when the award benefits the estate. The award of attorney fees is discretionary. Estate of Wheeler v. Franco, 2002 WI App 190, 256 Wis. 2d 757, 649 N.W.2d 711, 01-3344.This section limits a prevailing party to recovery from the estate only. It does not allow the prevailing party to seek to recover costs and fees from the portion of the estate that is distributed to particular heirs. Bloom v. Grawoig, 2008 WI App 28, 308 Wis. 2d 349, 746 N.W.2d 532, 07-0042.There is no prevailing party and no appealable contested matter when a will contest results in settlement. As such, the trial court properly denied a party's claim for attorney fees. Wolf v. Estate of Wolf, 2009 WI App 183, 322 Wis. 2d 674, 777 N.W.2d 119, 09-0781.Nothing in s. 879.33 or this section suggests a trial is necessary for an award of attorney fees and costs. When a party concedes nothing and an opposing party capitulates before the court to the very best outcome the first party could have achieved if the matter had proceeded to trial, the first party has prevailed. Troy v. Hurkman, 2017 WI App 59, 378 Wis. 2d 75, 902 N.W.2d 794, 16-0387.
WI Stat § 879.39 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.39 - Security and judgment for costs.

879.39  Security and judgment for costs. In all cases under s. 879.33 the court may require the claimant or contestant to give a bond in such sum and with such surety as is approved by the court, to the effect that he or she will pay all costs that may be awarded by the court in the proceeding against him or her. A judgment for costs shall be against the claimant or contestant and the surety.History:  1977 c. 449.
WI Stat § 879.41 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.41 - Fees in court.

879.41  Fees in court. Fees in court shall be allowed: (1) To appraisers, an amount to be fixed by the court; (2) To jurors, the fees under s. 756.25; (3) To witnesses and interpreters, the fees under s. 814.67, and to expert witnesses, the fees under s. 814.04 (2); (4) Travel as fixed by the court; (5) In cases not provided for, a fair compensation shall be allowed by the court.History:  Sup. Ct. Order, 67 Wis. 2d 585, 783 (1975); 1977 c. 187 s. 135; 1977 c. 449; 1981 c. 317 s. 2202.
WI Stat § 879.43 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.43 - Money judgment in favor of estate.

879.43  Money judgment in favor of estate. (1) Enforcement. All money judgments in court in favor of an estate may be enforced through the court, after costs have been taxed under s. 814.10. The pertinent provisions of ch. 815, relating to executions, apply. (2)  Stay of execution. Execution of judgments may be stayed under chs. 801 to 847. (3)  Entry. Judgments may be entered in the judgment and lien docket in the office of the clerk of circuit court, upon the filing of a certified transcript of the judgment. (4)  Lien. A judgment entered in the judgment and lien docket creates a lien upon the real estate of the debtor under s. 806.15.History:  Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 449; 1979 c. 89; 1995 a. 224.
WI Stat § 879.45 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.45 - Jury trials, practice.

879.45  Jury trials, practice. (1) Generally. Jury trials may be had in court in all cases in which a jury trial may be had of similar issues under s. 805.01 (1). (2)  Demand. In all cases under sub. (1), any person having the right of appeal from the determination of the court may file with the court, within 10 days after notice that the matter is to be contested, a written demand for a jury trial. (3)  Framing issues. Upon filing the demand and receipt, the court may order an issue to be framed by the parties within a fixed time, and the matter shall be placed upon the calendar. (4)  Costs. In all jury cases costs shall be allowed as a matter of course to the prevailing party. (5)  Selection of jurors. Jurors shall be selected under ch. 756 and trials by jury shall be under ch. 805. (6)  Calendar. At the request of the court, the clerk shall prepare, in the order of their date of issue, a list of cases in which a trial by jury has been demanded. The list shall constitute a jury calendar. In case a continuance in any action upon the jury calendar is asked by any party, the court may grant the continuance and require payment of $10 motion fees. (7)  Pretrial conference. The court may hold a pretrial conference under s. 802.10 (5).History:  Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 418 s. 929 (8m); 1977 c. 447 s. 210; 1977 c. 449; 1979 c. 32; 1981 c. 391; Sup. Ct. Order No. 95-04, 191 Wis. 2d xxi (1995); Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).Neither the constitution, statutes, or common law affords the right to trial by jury in a will contest. Estate of Elvers, 48 Wis. 2d 17, 179 N.W.2d 881 (1970). See also In re Estate of Sharpley, 2002 WI App 201, 257 Wis. 2d. 152, 653 N.W.2d 124, 01-2167.
WI Stat § 879.47 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.47 - Papers, preparation and filing.

879.47  Papers, preparation and filing. (1) The attorney for any person desiring to file any paper in court is responsible for the preparation of the paper. Except as provided in sub. (2), all papers shall be legibly written on substantial paper and shall state the title of the proceeding in which they are filed and the character of the paper. Either uniform forms or computer-generated forms, if the forms exactly recreate the original forms in wording, format and substance, shall be used. If papers are not so written or if uniform forms or computer-generated forms that exactly recreate the original forms in wording, format and substance are not used, the court may refuse to receive and file them. The court shall show on all papers the date of their filing. (2) Trustees and cotrustees may submit to courts accounts in the format that they normally use for accounts submitted to beneficiaries under this subsection, if all of the information required by the court is included.History:  1977 c. 449; 1987 a. 220; 1993 a. 130; 2013 a. 92 ss. 199, 342.
WI Stat § 879.49 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.49 - Papers, withdrawal.

879.49  Papers, withdrawal. No paper filed in any matter may be withdrawn without leave of the court or the judge, and when a paper is withdrawn a copy thereof, attested by the judge or register in probate, shall, if required, be left in its place.
WI Stat § 879.51 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.51 - Court not to delay in setting matter for hearing.

879.51  Court not to delay in setting matter for hearing. When a petition and proposed order for hearing are filed, the court within 10 days thereafter shall set a time for hearing.
WI Stat § 879.53 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.53 - Hearings set for a day certain.

879.53  Hearings set for a day certain. All matters in court requiring notice of hearing shall be set for hearing on a day certain, and shall be heard on the day set or as soon thereafter as counsel may be heard.History:  1977 c. 449.
WI Stat § 879.55 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.55 - Correction of clerical errors in court records.

879.55  Correction of clerical errors in court records. Upon verified petition to a court by any person interested or his or her successor in title praying that clerical errors in its records be corrected as specified in the petition, the court shall order a hearing thereon. The hearing shall be held without notice or upon such notice as the court requires. If the court requires notice, it shall be given to those persons interested who will be affected by the change in the records. If on hearing the court finds its record incorrect as a result of clerical error, it shall make its record conform to the truth. The corrected record shall be as valid and binding as though correctly made and entered at the proper time.History:  1977 c. 449.
WI Stat § 879.57 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.57 - Special administrator; personal representative, guardian.

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 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.History:  1973 c. 90; 1977 c. 449; 2005 a. 387.
WI Stat § 879.61 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.61 - Discovery proceedings.

879.61  Discovery proceedings. Any personal representative or any person interested who suspects that any other person has concealed, stolen, conveyed or disposed of property of the estate; or is indebted to the decedent; possesses, controls or has knowledge of concealed property of the decedent; possesses, controls or has knowledge of writings which contain evidence of or tend to disclose the right, title, interest or claim of the decedent to any property; or possesses, controls or has knowledge of any will of the decedent, may file a petition in the court so stating. The court upon, such notice as it directs, may order the other person to appear before the court or a circuit court commissioner for disclosure, may subpoena witnesses and compel the production of evidence, and may make any order in relation to the matter as is just and proper.History:  1977 c. 449; 2001 a. 61.
WI Stat § 879.63 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.63 - Action by person interested to secure property for estate.

879.63  Action by person interested to secure property for estate. Whenever there is reason to believe that the estate of a decedent as set forth in the inventory does not include property which should be included in the estate, and the personal representative has failed to secure the property or to bring an action to secure the property, any person interested may, on behalf of the estate, bring an action in the court in which the estate is being administered to reach the property and make it a part of the estate. If the action is successful, the person interested shall be reimbursed from the estate for the reasonable expenses and attorney fee incurred by the person in the action as approved by the court but not in excess of the value of the property secured for the estate.History:  1993 a. 486.Bringing an action under this section is not the exclusive remedy of a party challenging an omission from an inventory. In Matter of Estate of Ruediger, 83 Wis. 2d 109, 264 N.W.2d 604 (1978).Deferred marital property under s. 861.02 (1) is property subject to administration for all purposes including the payment of claims under s. 879.63. In Matter of Estate of Moccero, 168 Wis. 2d 313, 483 N.W.2d 310 (Ct. App. 1992).
WI Stat § 879.67 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.67 - Out-of-state service on personal representative.

879.67  Out-of-state service on personal representative. If it is necessary to serve upon a personal representative any order, notice or process of the court, and service cannot be made in this state, service may be made under s. 801.11 (1) for the service of summons.History:  Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 449.
WI Stat § 879.69 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.69 - Court must rule on petition.

879.69  Court must rule on petition. When the personal representative petitions for a ruling or order in regard to any matter connected with the administration of the estate, the court, after hearing on notice under s. 879.03 shall make a ruling or grant or deny the petition by order.
WI Stat § 881.016 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 881 - Trust fund investments.|881.016 - Employees and agents of a fiduciary.

881.016  Employees and agents of a fiduciary. Unless prohibited by the terms of the instrument governing a fiduciary relationship, a fiduciary may employ attorneys, accountants, investment advisers, agents or other persons, even if they are associated with the fiduciary, to advise or assist the fiduciary in the performance of the fiduciary's duties. The fiduciary may act without independent investigation upon their recommendations or, instead of acting directly, employ one or more agents to perform any act of administration, whether or not discretionary. If the terms of the governing instrument do not address the authority of the fiduciary to delegate the fiduciary's duties, all of the following apply: (1) The fiduciary may delegate some, but not all, of the fiduciary's duties to an agent. (2) The employment of an agent by the fiduciary does not relieve the fiduciary of liability for acts of the agent that, if done by the fiduciary, would result in the liability of the fiduciary. (3) The employment of an agent by a fiduciary does not relieve the fiduciary of the fiduciary's duty to use reasonable care in selecting and retaining the agent.History:  1995 a. 273.
WI Stat § 881.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 881 - Trust fund investments.|881.02 - Construction; court orders; written instruments.

881.02  Construction; court orders; written instruments. Nothing contained in this chapter shall be construed as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order, or other instrument creating or defining the fiduciary's duties and powers. History:  1971 c. 41 ss. 8, 12; Stats. 1971 s. 881.02; 1995 a. 273; 2003 a. 264.
WI Stat § 881.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 881 - Trust fund investments.|881.03 - Jurisdiction of court.

881.03  Jurisdiction of court. Nothing contained in this chapter shall be construed to affect the power or jurisdiction of any court of the state of Wisconsin in respect to trusts and trustees, nor as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale or management of fiduciary property.History:  1971 c. 41 s. 8; Stats. 1971 s. 881.03.
WI Stat § 881.04 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 881 - Trust fund investments.|881.04 - Investments under prior laws not affected.

881.04  Investments under prior laws not affected. Nothing contained in this chapter shall affect any investment made prior to the enactment hereof or any amendment hereof or affect any rights or interests established, accrued or created thereunder or affect any suit or action pending when this chapter or any amendment hereof becomes effective.History:  1971 c. 41 s. 8; Stats. 1971 s. 881.04.
WI Stat § 881.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 881 - Trust fund investments.|881.06 - Law governing existing instruments.

881.06  Law governing existing instruments. Subject to s. 881.01 (12), this chapter shall govern fiduciaries, including personal representatives, guardians of the estate, conservators, and trustees acting under wills, agreements, court orders, and other instruments now existing or hereafter made.History:  1971 c. 41 s. 8; Stats. 1971 s. 881.06; 1975 c. 200; 2003 a. 264.
WI Stat § 882.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 882 - Adoption of adults.|882.01 - Adoption of adults.

882.01  Adoption of adults. An adult may be adopted by any other adult, who is a resident of this state.History:  1971 c. 41 s. 8; Stats. 1971 s. 882.01.
WI Stat § 882.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 882 - Adoption of adults.|882.02 - Consent.

882.02  Consent. The consent of the adult to be adopted and the consent of the spouse of the petitioner, if that spouse has not joined in the petition under s. 882.01, shall be filed in writing with the court.History:  1971 c. 41 ss. 8, 12; Stats. 1971 s. 882.02.
WI Stat § 882.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 882 - Adoption of adults.|882.03 - Jurisdiction and venue.

882.03  Jurisdiction and venue. The circuit court shall have jurisdiction to order an adoption. The petition shall be filed in the county where the petitioner resides.History:  1971 c. 41 s. 8; Stats. 1971 s. 882.03; 1977 c. 449 s. 497.
WI Stat § 882.04 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 882 - Adoption of adults.|882.04 - Hearing and order.

882.04  Hearing and order. After a hearing on the petition, which may be held in chambers and which shall be attended by the petitioner and the adult to be adopted, unless the court orders otherwise, and after such investigation as the court considers advisable, if the court finds that it is to the best interests of the persons involved, an order of adoption may be granted which shall have the same legal consequences as an order of adoption of a minor under ch. 48.History:  1971 c. 41 s. 8; Stats. 1971 s. 882.04.