In the Matter of the Estate of Ramirez and Ramirez

Opinion

Territorial Law Library

IN THE SUPERIOR COURT OF GUAM

N THE MATTER OF THE ESTATE OF ) PROBATE CASE NO. PR0061-96

TLORENCIO TORRES RAMIREZ and ) IOSEFINA L.G. RAMIREZ, DECISION AND ORDER

) ) Deceased. ) 1

This matter came before the Honorable Alberto C. Lamorena I11 on June 29,2009 on COG

ldrninistrators' Motion to Waive the Law and Proceed With Reducedh3elow Statutory Values.

lttorney Rachel M. Taimanao-Ayuyu appeared on behalf of the Co-Administrator. After readin1

he parties' briefs and hearing the argument, the Court took the matter under advisement. The

Zourt now issues its Decision and Order.

FACTUAL HISTORY

Florencio Torres Ramirez and Josefina L.G. Ramirez died intestate on April 12, 1995 am

lecernber 16, 1982, respectively. The Co-Administrators filed a petition to open probate in their 2 petition for preliminary distribution and partition of real property after having found that notice

3 to creditors and satisfaction of all claims against the estate had been completed, including 4 distribution of a portion of Tract 63009, which was to be sold so that the Estate could pay court 5 costs, attorney's fees, and related expenses. 6

7 DISCUSSION

8 The Estate seeks the Court to invoke its equitable powers to authorize the use of

substantially lower values of the land assets in the Estate's Inventory and Appraisement, as the 10 Estate has minimal liquid assets, and would prefer the Estate to retain as much of its real

. . 11

12 II property assets as possible.

13 "Codified law commands more attention and compliance than common law. Therefore, it

14 would be inappropriate for.. . courts to haphazardly fashion equitable remedies with no deference l5 to codified law. Instead, ...courts should tread carefully when entering the realm of equitable

l6 17 (1 remedies, fashioning them only when directed to do so by statutes and court rules, when there is I no adequate legal remedy, or when the equitable remedy is better adjusted to render complete 18

19 11justice." Burr v. Trinitv Medical Ctr., 492 N.W.2d 904 (N.D. 1992). "A trial court must have a I 20 II cognizable basis for granting equitable relief. Equity is a complex system of established law and

21 22 11 is not merely a reflection of the chancellorlssense of what is just or appropriate." Tiller v. Owen,

413 S.E.2d 51,53 (Va.1992). 23 :

24 While the Court is cognizant of the Estate's desire to retain as many of its assets as

25 26 121 possible, and the negative effect that enforcing the current probate laws would have on the

financial situation of the heirs, this is not an uncommon situation. Countless families on Guam I 27 have endured similar situations, and have had to follow the statutes prescribed by the Guam 28 1

2 I Legislature. This Court has already allowed a preliminary distribution of a lot in order to

facilitate the closing of the Estate. While it is commendable that the attorneys for the Estate are

3 fighting for the Estate's ability to retain more of its assets at their own expense, this matter does 4 not present any extraordinary circumstances that would permit equitable relief that directly 5 contradicts codified law. 6

CONCLUSION

Based on the above, Co-Administrators' Motion to Waive the Law and Proceed With

Reduced/Below Statutory Values is hereby DENIED.

IT IS SO ORDERED this 3d day of August, 2009.

Alberto C. Lamorena III Presiding Judge Superior Court of Guam