15 Guam Code Ann. § 3011
Terms Used In 15 Guam Code Ann. § 3011
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Decedent: A deceased person.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fraud: Intentional deception resulting in injury to another.
- Intestate: Dying without leaving a will.
- Legatee: A beneficiary of a decedent
- Probate: Proving a will
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testator: A male person who leaves a will at death.
(b) The Superior Court, before making final distribution of any property of a decedent to any assignee or transferee of any heir, devisee or legatee or before making distribution to any person other than an heir, devisee, or legatee pursuant to any agreement, request or instructions of any heir, devisee or legatee or of any attorney-in-fact of any heir, devisee or legatee, may on the motion of any person interested in the estate or on its own motion inquire into the consideration for such assignment, transfer, agreement, request or instructions and into the amount of any fees, charges or consideration paid or agreed to be paid by the heir, devisee or legatee and into the circumstances surrounding the execution of such assignment, transfer, agreement, request or instructions. If the Superior Court finds, upon such inquiry, that the fees, charges or consideration paid by any such heir, devisee or legatee is grossly unrea- sonable or that any such assignment, transfer, agreement, request or instructions was obtained by duress, fraud or undue influence it may refuse to make distribution pursuant thereto except upon such terms as it deems just and equitable. Notice of a hearing on any motion made
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15 Guam Code Ann. ESTATES AND PROBATE
CH. 30 DISTRIBUTION AND DISCHARGE
pursuant to this subsection shall be served personally or by registered mail, as the Superior Court may direct, at least ten (10) calendar days before the hearing upon the heir, devisee, or legatee executing any such assignment, transfer, agreement, request or instructions and upon the person or persons claiming thereunder.
(c) A statement of any receipts and disbursements of the personal representative since the rendition of his final account must be reported and filed with the Clerk of the Superior Court at the time of making the distribution referred to in subsection (a) of this Section; and a settlement thereof, together with an estimate of the expenses of closing the estate, must be made by the Superior Court and included in the order or decree, or the Superior Court may order notice to be given of the settlement of such supplementary account as in other cases of the settlement of accounts.
SOURCE: Subsection (a): California Probate Code, § 1020 (as amended). Subsection (b): California Probate Code, § 1020.1. Subsection (c): California Probate Code, § 1020.5.
COMMENT: Subsections (a) and (c) together comprise what was § 1020 of the Probate Code of Guam (1970). Subsection (b) has been taken from § 1020.1 of the California Probate Code, which was added to that Code in 1941. Note that California § 1020.1 was derived from prior §§ 530 and 530.1 of the California Pro- bate Code, which were themselves added to the California law in 1939 — i.e., after the version of the California Probate Code from which the Probate Code of Guam was originally adapted. A provision such as § 3011(b) is useful, to prevent fraud, duress and undue influence against heirs, devisees and legatees. The Commission is opposed, in principle, to restraints on alienation of property, and notes that to some extent § 3011(b) might so operate. On the other hand, the control that the Superior Court might take in such matters is benign, and can be exercised only after investigation. This being the case, the Commission is of the opinion that the possible problems raised by the restraints imposed by § 3011(b) are outweighed by its benefits to those persons who are legitimately the objects of a testator‘s bounty, or who are entitled in the eyes of the law to receive an intestate decedent’s property.
See § 701 of Title 1 for further provision as to what constitutes Aregistered mail.@