9 heirs inherit the money received by their mother’s estate | News
Associate Superior Court Judge Joseph N. Camacho denied a request for a partial distribution of financial assets, including the transfer of funds from the estate of Antonia Camacho Sablan to the estate of Manuel M. Sablan.
Judge Camacho said Monday that the amount ($93,524.83) constituting Antonia C. Sablan’s family inheritance from her father Juan Naog Camacho “will pass as if Antonia C. Sablan had died intestate (without a will), to equal shares to each of their nine children.
Here are the facts of the case:
1) Juan Naog Camacho (“Juan”), the father of Antonia Camacho Sablan, who died intestate on September 2, 1970.
2) Antonia Camacho Sablan (“Antonia”) married Manuel Magofna Sablan (“Manuel”).
3) Juan, Antonia and Manuel were Chamorros.
4) one. Juan died on September 2, 1970, and his probate action was last opened in 2016.
b. Antonia died on October 3, 1995, but her estate action was first opened in 1998.
vs. Manuel survived his wife Antonia and died on June 10, 2005, but his estate action was opened second in 2013.
5) Antonia and Manuel had nine children together.
6) Manuel had an extra child with another woman when he married Antonia.
7) There was no credible evidence or testimony that Antonia, while alive, knew about Manuel’s additional child.
8) Antonia signed a valid last will on September 13, 1993. The will identified her spouse, Manuel, and her nine natural-born children. After directing that all debts and taxes be paid out of the assets of his estate by his personal representative, Article III of Antonia’s will states: “[a]All the rest, residue and residue of my property, of any nature and kind, that I will possess at the time of my death, real, personal and mixed, corporeal and incorporeal, of any nature and in any place whatsoever, I give, bequeath and bequeath to my husband, Manuel M. Sablan, provided he survives me.
Item III further provides that in the event that her spouse predeceases her, she shall give the remainder, residue and residue of her estate to her son, “Tomas C. Sablan, in equal shares, share and equal share, or to their progeny, in equal parts by fidgets.
9) On August 3, 2020, Thomas C. Sablan, the executor of Antonia’s estate, received funds in the amount of $93,524.83 under a decree of partial distribution of assets from the father of Antonia in the Estate of Juan Naog Camacho, Civil Case No. 16-0253. The sources of these funds include the remainder of the partial payment of the second installment of the long-term lease of the San Roque property and a partial payment of United States Commonwealth government land claim compensation. Northern Mariana Islands. The administrator of Juan’s estate decided, with court approval, that Juan’s estate should receive land compensation instead of a land swap. Thus, Antonia’s interest in Juan’s estate is a personal interest, not a real estate one.
Judge Camacho said Antonia’s Estate is of the opinion that any money received by Antonia’s Estate should remain in Antonia’s Estate and be distributed in accordance with the Probate Code and Probate Rules of Procedure. , for at the time of Antonia’s death, Antonia had no interest in her late father Juan’s estate until his estate was probated. As a result, Antonia had no interest at the time of her death, and therefore all proceeds from her late father Juan’s probate should pass without a will, not under the terms of his will.
Manuel’s Estate takes the position that all properties and inventory funds of Antonia’s Estate shall be transferred to Manuel’s Estate in accordance with Antonia’s will.
Manuel’s estate highlights Antonia’s intention to transfer or bequeath the residue of her estate to her husband Manuel, the judge said. This is clear in her will, and so it doesn’t matter where and when Antonia accumulated her assets, Judge Camacho said, adding that because Antonia knew nothing about the child outside of their marriage, she didn’t account for the child in his will. .
By law, Judge Camacho said, the money she inherited from her late father is hers when her father dies.
Also, the judge said, when a will is unclear about unforeseen circumstances, the court cannot guess what the person would have done. “Thus, the property is divided as if she had died without a will,” added the judge.