In re Estate of Villanueva

Opinion

1 2012 i9 2: 19 2

3 I 4 IN THE SUPERIOR COURT OF GUAM 5

) PROBATE CASE NO. PR0143-09 7 ) ) 8 ) OF ) DECISION AND ORDER 9 ) (Petition to Determine Entitlement to ) Distribution) 10 ) ) 11 GLORIA S. VILLANUEVA, ) ) 12 Deceased. ) ) 13 )

14 INTRODUCTION 15

16 This matter came before the Honorable Anita A. Sukola on July 11,2012, relative to Joe

17 S. Besagar's Verified Petition to Determine Entitlement to Distribution of Property of the Estate 18 of Gloria S. Villanueva pursuant to 15 GCA § 3201. Attorney Vanessa Ji appeared on behalf of 19 Joe S. Besagar (Petitioner). Attorney Helkei S. Hemminger appeared on behalf of the 20 Administratrix for the Estate of Gloria S. Villanueva (Administratrix). The Court took the 21

22 matter under advisement. Upon review of the evidence, written and oral arguments, and legal

23 authorities presented by both parties, the Court hereby issues this Decision and Order. 24 1// 25 1// 26

27 /1/

IN THE MATTER OF THE ESTATE OF GLORIA S. VILLANUEVA (PR0143-09) PETITION TO DETERMINE ENTITLEMENT TO DISTRIBUTION Page I of4 BACKGROUND 1

2 The instant case originated on October 12, 2009, after a Petition for Letters of

3 Administration was filed in the probate matter. I On October 19, 2009, Administratrix filed an 4 Amended Petition for Letters of Administration. Lea M. Siruelo was appointed Administrator 5 on February 3, 2010. Thereafter, a Notice to Creditors was given by the Administrator on 6 March 19, 2010. An Inventory and Appraisement was filed on April 11, 2011. On May 19, 7

8 2011, Administrator filed a First Amended Inventory and Appraisement. On May 31, 2011, the

9 Court executed an Order Authorizing the Sale of a Portion of Estate Property. A Petition for 10 Return of Sale, Confirmation of Sale and Reimbursement of Probate Expenses was 11 subsequently filed on February 6, 2012 by the Administratrix. 12 Petitioner Joe S. Besagar recently filed a Verified Petition to Determine Entitlement to 13

14 Distribution of Property of the Estate of Gloria S. Villanueva pursuant to 15 GCA § 3201 on

15 May 24, 2012. 2 On June 15, 2012, Administratrix objected to the Petition contending that 16 Petitioner lacks standing and that the Probate Court lacks jurisdiction. In addition, 17 Adminstratrix argues that the claims in the Petition should have been raised in CV851-11 as a 18

19 counterclaims and Claimant is estopped from brining it in this action. Administratrix's

20 Objection to Verified Petition for Entitlement to Distribution (Jun. 15, 2012). Petitioner 21 responded arguing that the Adminstratrix lacks standing to oppose or object to the petition and 22 the objections raised by the Administratrix are frivolous because they are clearly not supported 23 by the weight of the law. Petitioner's Response to Objections to Petition to Determine 24

25 Entitlement to Distribution (Jui. 3,2012).

26 1 The Court notes that a Petition to Vacate Appointment of Administratrix was filed on October 18, 20 I O. On May

31, 2011, the Court executed an Order to Vacate Petition and ordering the parties to continue probating the Estate in 27 accordance with the Last Will and Testament of Gloria Villanueva, filed on October 12,2009 and admitted to probate. 28 Petitioner Joe S. Besagar also filed a Motion to Vacate Default Judgment in a companion case, CV85I-Il. IN THE MATTER OF THE ESTATE OF GLORIA S. VILLANUEVA (PR0143-09) PETITION TO DETERMINE ENTITLEMENT TO DISTRIBUTION Page 2 of 4 DISCUSSION 1

2 Petitioner alleges, inter alia, that [t]he Estate of Gloria S. Villanueva interfered with [a]

3 Sale Agreement by interfering with Petitioner's use and enjoyment of Property [described as:] 4 181, Block No.2, Tract No. 100, Unit 5, Dededo, Guam, estate no. 18832, Urban, 5 containing an area of 5396 square feet, as shown on map filed under Document No. 102201. 6 by ejecting [him] from the Property after becoming aware of the substantial improvements 7

8 Petitioner made thereon. Petitioner's Verified Petition [15 GCA § 3201] (May 24,2012).

9 Determination of entitlement to distribution is set forth in Guam law as follows: 10 At any time after the first publication of the notice to creditors required by 11 Section 2503 of this Title and prior to the time a petition for final distribution has been filed, the personal representative or any person claiming to be an 12 heir of the decedent or entitled to distribution of the estate or any part thereof may file a petition with the Clerk of the Superior Court, setting forth his 13 claim or reason and praying that the Superior Court determine who are entitled to 14 distribution ofthe estate. The Clerk of the Superior Court shall set the petition for hearing, and notice thereof shall be given in the manner provided in Section 3401 15 of this Title. Any person may appear and file a written statement setting forth his 16 interest in the estate. No other pleadings are necessary and the allegations of each claimant shall be deemed to be denied by each of the other claimants to the extent 17 that they conflict with any claim of the latter. 18 15 GCA § 3201 (2005) (emphasis added). 19 Petitioner argues that California's Probate Code Section 1080 is identical to the above 20 mentioned Guam statute. Moreover, Petitioner cites to Estate of Lynn, 240 P.2d 1001 (1952), 21

22 contending that the Administratrix has no duty, power or standing to object to or oppose the

23 Petition. Likewise, Petitioner refers to In re Hemlani, 2008 Guam 25 ~ 25, for the proposition 24 of "following the 'precedent' of California courts that have liberally interpreted California 25 probate law." 26 Petitioner also argues that the Administratrix "fail[s] to distinguish the longstanding 27

28 authority undermining her objections, but she blindly cites to cases that actually support

IN THE MATTER OF THE ESTATE OF GLORIA S. VILLANUEVA (PRO 143-09) PETITION TO DETERMINE ENTITLEMENT TO DISTRIBUTION Page 3 of 4 Petitioner's standing and the Court's jurisdiction." Petitioner's Response to Objections to

2 Petition to Determine Entitlement to Distribution (JuI. 3, 2012). Specifically, Petitioner claims

3 he has standing because he is "entitled to have the court decide the merits of the dispute or of 4 particular issues." Guam Imaging Consultants. Inc. v. Guam Mem'l Hosp. Auth., 2004 Guam 5 15 ~ 18. The Court agrees with Petitioner on this contention. 6 Further Proceedings is scheduled for October 17, 2012 at 9 a.m. 7

9 By a preponderance of the evidence and based on the foregoing reasons, the Court 10 GRANTS Petitioner's Request for a Hearing to Determine Entitlement to Distribution. 11

12 SO ORDERED this 1J- day of

18 Judge, Superior Court of Guam 19

24 SERVICE VIA COURT BOX 'acknowledge that a copy of the original hereto was placed in the 25 court bO~ of: .J.."., CA"ltlP:C 26

2 Date:]JLlL Time: @' 28 Deputy Clerk. SUlX'ri"r Court of Guam

IN THE MATTER OF THE ESTATE OF GLORIA S. VILLANUEVA (PR0143-09) PETITION TO DETERMINE ENTITLEMENT TO DISTRIBUTION Page 4 of4