In re Estate of Moteisou

CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
DecidedApril 20, 2023
Docket2022-SCC-0010-CIV
StatusPublished

This text of In re Estate of Moteisou (In re Estate of Moteisou) is published on Counsel Stack Legal Research, covering Supreme Court of The Commonwealth of The Northern Mariana Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of Moteisou, (N.M. 2023).

Opinion

E-FILED CNMI SUPREME COURT E-filed: Apr 20 2023 01:50PM Clerk Review: Apr 20 2023 01:52PM Filing ID: 69857547 Case No.: 2022-SCC-0010-CIV NoraV Borja

IN THE Supreme Court OF THE

Commonwealth of the Northern Mariana Islands

IN THE MATTER OF THE ESTATE OF ROSA LISUA MOTEISOU,

Deceased.

Supreme Court No. 2022-SCC-0010-CIV

SLIP OPINION

Decided April 20, 2023

CHIEF JUSTICE ALEXANDRO C. CASTRO ASSOCIATE JUSTICE JOHN A. MANGLOÑA ASSOCIATE JUSTICE PERRY B. INOS

Superior Court No. 22-0040-CV Associate Judge Joseph N. Camacho, Presiding In Re Estate of Moteisou, 2023 MP 3

INOS, J.: ¶1 Hermina Moteisou Mettao (“Mettao”) appeals from an order appointing Appellee Rebecca White (“White”) as the administrator of the estate of Rosa Lisua Moteisou (“Moteisou”). We find Commonwealth Rule of Probate Procedure 14 (“Rule 14”) does not confer standing to any Commonwealth resident over 18 years old to initiate a probate of an intestate estate and hold a person must have a personal stake or interest in the estate to petition for letters of administration. We further hold that a petitioner without standing cannot substitute in a party with standing and hold that dismissal is the proper remedy.

¶2 We VACATE the order and REMAND with orders to dismiss.

I. FACTS AND PROCEDURAL HISTORY ¶3 Moteisou borrowed money from the Northern Marianas Housing Corporation (“NMHC”) to build her house, and she secured the loan with a real property mortgage. She died intestate, and a few years passed without her estate being probated. NMHC hired an attorney to probate the estate. Because the probate court had interpreted the probate rules to only allow natural persons, as opposed to corporations, to be administrators, the attorney used White to petition for letters of administration. White had no relationship to Moteisou or interest in the estate and was not NMHC’s agent.

¶4 Mettao, one of Moteisou’s children, saw the notice of hearing on the petition posted on a newspaper and objected to the appointment. She moved for dismissal because White lacked standing to initiate the probate. White agreed she lacked standing, but asked for leave to amend the petition to allow NMHC to substitute for her.

¶5 The court denied the motion to dismiss and granted the petition. It found Rule of Probate Procedure 14 conferred standing on White. The court further found that White had standing as an agent of NMHC. Mettao appeals.

II. JURISDICTION ¶6 We have interlocutory appellate jurisdiction over “an order granting or revoking letters testamentary or of administration.” 8 CMC § 2206.

III. STANDARD OF REVIEW ¶7 Whether White was NMHC’s agent is a “mixed question of law and fact.” City & County of Denver v. Fey Concert Co., 960 P.2d 657, 670 (Colo. 1998); see also Agulto v. Northern Marianas Investment Group, Ltd., 4 NMI 7, 10 (1993). “The existence of an agency relationship is generally a question of fact,” but becomes a question of law when “the material facts from which it is to be inferred are not in dispute.” Repeki v. Mac Homes (Saipan) Co., Ltd., 2 NMI 33, 50–51 (1991). We review questions of fact for clear error. Commonwealth v. Kaipat, 2022 MP 9 ¶ 14. We review de novo questions of law such as whether Rule of Probate Procedure 14 confers standing. Atalig v. Mobil Oil Marianas, Inc., 2013 MP 11 ¶ 9; In re Commonwealth, 2022 MP 5 ¶ 8. In Re Estate of Moteisou, 2023 MP 3

IV. DISCUSSION ¶8 Mettao asserts that White lacks standing because she has no interest in the probate and that the proper remedy is dismissal. White has changed her position on whether she has standing. In the trial court, she conceded an absence of standing, but on appeal contends she has standing through Rule 14. White additionally argues that if we find otherwise, we should allow the petition to be amended and substitute NMHC as the petitioner.

A. Whether White was NMHC’s Agent ¶9 Before the trial court, White never explicitly stated or claimed she was acting as NMHC’s agent. Nonetheless, the court found she was NMHC’s agent. Appendix to Appellant’s Br. at 31. In her opening brief, she said nothing about agency. At oral argument, she took a different stance. White claimed to be NMHC’s agent but admitted the record does not reflect this. Because the record does not support the new claim and the facts “are not in dispute,” we hold the court erred as a matter of law in finding that White was NMHC’s agent. Repeki v. Mac Homes (Saipan) Co., Ltd., 2 NMI 33, 50–51 (1991). Because she is not an agent, she is not a fiduciary representing an interested person. See id. at 49 (holding that agents are fiduciaries); 8 CMC § 2107(p) (providing that an “interested person” for purposes of the probate code includes “fiduciaries representing interested persons”).

B. Standing Requirement ¶ 10 Standing is “a concept utilized to determine if a party is sufficiently affected so as to [e]nsure that a justiciable controversy is presented to the court.” Commonwealth v. Anglo, 1999 MP 6 ¶ 8. The NMI Constitution requires litigants to have standing. See Atalig v. Mobil Oil Mariana Islands, Inc., 2013 MP 11 ¶ 10; Lexmark Int’l, Inc. v. Static Control Components, Inc., 572 U.S. 118, 125 (2014) (explaining constitutional standing in federal court is required by Article III’s limitation of the judicial power to resolving ‘Cases’ and ‘Controversies’ and the separation-of-powers principles underlying that limitation); Joeten Motors Co., Inc. v. Leon Guerrero, 2020 MP 14 ¶ 15 (explaining how there must be a “case or controversy” for the court to act). NMI CONST. art. IV, § 2. Consequently, if the litigant lacks standing, the court lacks subject matter jurisdiction to hear them. See Mafnas v. Commonwealth, 2 NMI 248, 256 (1991); Commonwealth v. Anglo, 1999 MP 6 ¶ 3; Atalig v. Mobil Oil Marianas, Inc., 2013 MP 11 ¶ 10; Blanco-Maratita v. Borja, 2017 MP 6 ¶ 14 (“The issue of standing is a jurisdictional question”); Ganim v. Smith & Wesson Corp., 780 A.2d 98, 119 (Conn. 2001) (“It is axiomatic that a party must have standing to assert a claim in order for the court to have subject matter jurisdiction over the claim.”).

¶ 11 The basic standing requirements are that a litigant:

(1) must have suffered an injury in fact—an invasion of a legally protected interest which is a) concrete and particularized, and b) actual or imminent, not conjectural or hypothetical; (2) there must be a causal connection between the injury and the conduct In Re Estate of Moteisou, 2023 MP 3

complained of—the injury has to be fairly traceable to the challenged action of the defendant, and not the result of independent action of some third party not before the court; and (3) it must be likely, as opposed to merely speculative that the injury will be redressed by a favorable decision. Estate of Ogumoro v. Han Yoon Ko, 2011 MP 11 ¶ 19 (internal quotation and citation omitted).

¶ 12 Courts describe these requirements taken together to mean that a litigant must have an interest in the case to have standing. Falcon v. McCue, 2005 MP 7 ¶ 31 n.8; PFC v. Sablan, 2011 MP 19 ¶ 24.

¶ 13 Our probate decisions have addressed the standing of claimants and objectors, and have required “an interest, even a speculative one, that could be affected by the outcome of the case.” In re Estate of Maria Mangabao, 2019 MP 13 ¶ 10; see also In re Estate of Tudela, 3 NMI 316, 318 (1992) (holding presumptive heirs had standing to challenge an order finding they were not heirs because “they may have pecuniary and property interest[s] that will be affected by the outcome of this case”); Malite v.

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In re Estate of Moteisou, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-moteisou-nmariana-2023.