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Terms Used In 15 Guam Code Ann. § 717

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • Trustee: A person or institution holding and administering property in trust.
The Superior Court of Guam shall have jurisdiction, before or after payment or transfer of benefits and rights or their proceeds to the trustee, to:

(a) Determine the validity of the trust. (b) Determine the terms of such trust.
(c) Fill vacancies in the office of trustee.

(d) Require an undertaking of a trustee or successor trustee in its discretion and in such amount as it may determine for the faithful performance of duties as trustee.

(e) Grant additional powers to the trustee, as provided in
Section 3305 of this Title.

(f) Instruct the trustee.

(g) Determine, fix or allow payment of compensation of a trustee as provided in Section 3313 of this Title.

(h) Hear and determine adverse claims to the subject of the trust by the personal representative, surviving spouse, or other third person.

(i) Determine the identity of the trustee and his acceptance or rejection of the office, and upon request, furnish evidence of trusteeship to a trustee.

(j) Order postponement of the payment or transfer of the benefits and rights or their proceeds.

(k) Make any order incident to the foregoing or to the accomplishment of the purposes of this Article.

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 7 TESTAMENTARY ADDITIONS

(l) Authorize or direct removal of the trust or assets of the trust to another jurisdiction pursuant to the procedure provided in Article
2 of Chapter 33 of this Title.

The personal representative of the designator’s estate, any trustee named in the will or designation or successor to such trustee, or any person interested in such estate or trust may petition the Superior Court of Guam to exercise the jurisdiction provided in this Section. Notice of hearing of the petition shall be given in the manner provided in Section
3301 of this Title, except as the Superior Court of Guam may otherwise order.

SOURCE: California Probate Code, § 179 (as amended).

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