In re Estate of Villanueva

Opinion

2 ZOI3 I 5 Pi'! Q: 00 3

4 IN THE SUPERIOR COURT OF GUA~~:ERK----~· ) PROBATE CASE NO. PR0143-09 6 ) ) 7 ) OF ) DECISION AND ORDER 8 ) (Motion for Second Petition for Return of ) Sale, Confirmation of Sale and 9 ) Reimbursement of Probate Expenses ) 10 GLORIA S. VILLANUEVA, ~ 11 Deceased. ) ) 12

13 INTRODUCTION 14

15 This matter came before the Honorable Anita A. Sukola on November 20, 2012, relative

16 to a Second Petition for Return of Sale, Confirmation of Sale and Reimbursement of Probate 17 Expenses in the above captioned case. Attorney Helkei S. Hemminger represents Lea M. 18 Siruelo, Administratrix of the Estate of Gloria S. Villanueva. Attorney Vanessa Ji represents 19 Joe S. Besegar ("Defendant in CV 851-11"). The Court took the matter under advisement. 20

21 Upon review of the evidence, Petition, and legal authorities presented, the Court hereby issues

22 this Decision and Order. 23 BACKGROUND 24 The instant case originated on October 12, 2009, after a Petition for Letters of 25 Administration was filed in the probate matter. 1 On October 19, 2009, Administratrix filed an 26

27 1 The Court notes that a Petition to Vacate Appointment of Administratrix was filed on October 18, 2010. On May 28 31, 20 II, the Court executed an Order to Vacate Petition and ordering the parties to continue probating the Estate in IN THE MATTER OF THE ESTATE OF GLORlA S. VILLANUEVA (PR0143-09) SECOND PETITION FOR RETURN OF SALE, CONFIRMATION OF SALE AND REIMBURSEMENT OF PROBATE EXPENSES Page 1 of3 Amended Petition for Letters of Administration. Lea M. Siruelo was appointed Administrator 1

2 on February 3, 2010. Thereafter, a Notice to Creditors was given by the Administrator on

3 March 19, 2010. An Inventory and Appraisement was filed on April 11, 2011. On May 19, 4 2011, Administrator filed a First Amended Inventory and Appraisement. On May 31, 2011, the 5 Court executed an Order Authorizing the Sale of a Portion of Estate Property. A Petition for 6

7 Return of Sale, Confirmation of Sale and Reimbursement of Probate Expenses was

8 subsequently filed on February 6, 2012 by the Administratrix.

9 On May 24, 2012, Joe S. Besegar filed a Verified Petition to Determine Entitlement to 10 Distribution of Property of the Estate of Gloria S. Villanueva pursuant to 15 GCA § 3201. The 11 Court already ruled on that matter in favor of Mr. Besegar. Likewise, in the companion Civil 12

13 Case, the Court has already ruled and denied a motion to vacate the default judgment, but still

14 allows an evidentiary hearing as to the damages. 15 Administratrix now moves the Court in accordance with her duties as Administrator of 16 the Estate to sale the following real property ("Property") owned by the Estate: 17 Lot Number 181, Block Number 2, Unit Number 5, Tract 18 Number 100, Municipality ofDededo, (Formerly Lot 10063), 19 TERRITORY OF GUAM, ESTATE NUMBER 18832, SUBURBAN, as said Lot is marked and designated on 20 DRAWING NUMBER T-M 70-70A, as L.M. Check Number 137 FY 71, as described in that Subdivision Map, dated 21 November 12, 1970 and recorded May 21, 1971, at the 22 Records Division, Department of Land Management, Government of Guam, under Document Number 102201. 23

Registered Land, with the LAST REGISTERED OWNER 24 Being Gloria S. Villanueva, the OWNER OF RECORD being 25 Gloria S. Villanueva and the Certificate of Title Registration Number being 89043. 26

27 Area: 5,396 +/-Square Feet.

28 accordance with the Last Will and Testament of Gloria Villanueva, filed on October 12,2009 and admitted to probate. IN THE MA ITER OF THE ESTATE OF GLORIA S. VILLANUEVA (PR0143-09) SECOND PETITION FOR RETURN OF SALE, CONFIRMATION OF SALE AND REIMBURSEMENT OF PROBATE EXPENSES Page 2 of3 ORDER 1

2 The Court having examined the Petition, and court papers on file, and being fully

3 advised, Orders and approves the contract sale and confirms the sale of the Property in the best 4 interest of the Estate of Gloria S. Villanueva. This Order also authorizes Petitioner Lea M. 5 Siruelo, Administrator of the Estate of Gloria S. Villanueva, to execute an Administrator's Deed 6 conveying the property. Further, that reimbursement to Petitioner in an amount to be 7

8 established at the designated hearing toward out-of-pocket expenses and a five percent (5%) real

9 estate commission to Ms. Beverly Alerta Brady of Today' s Realty be allowed to be paid out of 10 the sale proceeds aforementioned, as well as all Estate taxes and general expenses of the Estate, 11 with the remaining balance to be deposited in a trust account for the benefit of the heirs and 12

13 beneficiaries of the Estate.

15 By a preponderance of the evidence and based on the foregoing reasons, the Court 16 GRANTS Petitioner's Motion for Second Petition for Return of Sale, Confirmation of Sale and 17 Reimbursement of Probate Expenses. 18

19 Further Proceedings is set for March 19, 2013 at 9 a.m. for this case and CV851-ll.

20 SO ORDERED this day of _ _ -J.);~~_.:...:._', 2013. 21

24 HONORABLE ANITA A. SUKOLA -= 25 Judge, Superior Court of Gu~

28 IN THE MATTER OF THE ESTATE OF GLORIA S. VILLANUEVA (PR0143-09) SECOND PETITION FOR RETURN OF SALE, CONFIRMATION OF SALE AND REIMBURSEMENT OF PROBATE EXPENSES Page 3 of3