9 heirs to inherit the money received by their mother’s estate | New
Associate Superior Court Judge Joseph N. Camacho dismissed 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 the family inheritance of Antonia C. Sablan from her father Juan Naog Camacho “will pass as if Antonia C. Sablan had died intestate (without a will), to equal parts, to each of their nine children.
Here are the facts of the case:
1) Juan Naog Camacho (“Juan”), father of Antonia Camacho Sablan, died intestate on September 2, 1970.
2) Antonia Camacho Sablan (“Antonia”) married Manuel Magofna Sablan (“Manuel”).
3) Juan, Antonia and Manuel were Chamorros.
4) a. Juan died on September 2, 1970, and his homologation action was last opened in 2016.
b. Antonia died on October 3, 1995, but her homologation action was first opened in 1998.
vs. Manuel survived his wife Antonia and died on June 10, 2005, but his homologation action was opened second in 2013.
5) Antonia and Manuel had nine children together.
6) Manuel had an additional child with another woman when he married Antonia.
7) There was no credible evidence or testimony that Antonia, during her lifetime, knew of Manuel’s additional child.
8) Antonia signed a valid will on September 13, 1993. The will identified her spouse, Manuel, and her nine natural children. After ordering that all debts and taxes be paid out of the assets of her estate by her personal representative, point III of Antonia’s will states: “[a]All the rest, residue and remainder of my property, of any kind and nature, that I could possess at the time of my death, real personal and mixed, tangible and intangible, of any nature whatsoever and wherever they are located, I give, concede and bequeath to my spouse, Manuel M. Sablan, on condition that he survives me.
Article III further provides that in the event that her spouse dies before her, she gives the remainder, the residue and the remainder of his estate to her son, “Tomas C. Sablan, in equal parts, share and share of the in the same way, or on their issue, in equal share by strains.
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 the father’s property 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 compensation for land claims from the Government of the Commonwealth of the 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 personal property and not real estate.
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 inheritance code and probate procedural rules, because at the time of Antonia’s death, Antonia had no interest in the estate of her late father Juan before his estate was approved. As a result, Antonia had no interest at the time of her death and therefore all proceeds from Antonia’s estate from probate by her late father Juan should go intestate, and not under the terms of his will.
Manuel’s Estate is of the opinion that all property and funds in the Antonia Estate inventory should be transferred to Manuel’s Estate in accordance with Antonia’s will.
Manuel’s estate highlights Antonia’s intention to transfer or bequeath the remainder of her estate to her spouse Manuel, the judge said. This is clear in her will, and therefore it does not matter where and when Antonia accumulated her property, Judge Camacho said, adding that because Antonia was unaware of the child outside of their marriage, she did not ‘did not take the child into account in his will. .
By law, Judge Camacho said, the money she inherited from her late father belongs to her at the time of her father’s death.
Additionally, the judge said, when a will is unclear about unforeseen circumstances, the court cannot guess what the person would have done. “So the property is shared as if she had died without a will,” added the judge.