15 Guam Code Ann. § 5104
Terms Used In 15 Guam Code Ann. § 5104
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Probate: Proving a will
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) A verified petition, together with a prayer that the award be set aside as provided herein, may be presented by any heir at law of the decedent or any heir at law of a deceased heir. The petition shall contain allegations showing that this Section is applicable, and shall state the names, mailing addresses, and relationships of each heir at law of the decedent, as well as each heir at law of any deceased heirs, and their respective fractional interests in the award. The petition shall further state, without qualification, that if the petition be granted the petitioner will distribute the award with due diligence to the persons named in the petition, according to their respective interests.
(c) No person to whom an award, or any portion thereof, is set aside pursuant to this Section shall be personally liable for the unsecured debts of the decedent or the debts of any deceased heir whose share of the award is paid directly to his/her heirs at law.
(d) Not less than thirty (30) days before filing the petition with the Superior Court, the applicant shall send by pre-paid mail, certified or registered, return receipt requested, a copy of the petition to each person entitled to share in the war claim award for whom a mailing address is known, together with notice that if such a person objects to the proposed plan of distribution he/she shall file a written objection with the Superior Court before the expiration of the thirty (30)-day period; and the applicant shall file with such petition sworn proof of such mailing. In lieu of mailing, the applicant may submit written consent to the proposed plan of distribution signed by the person entitled to share in the war claims award.
(e) If the Superior Court finds the petitioners’ plan of distribution to be fair and equitable, it shall by appropriate decree assign the war claims award to the petitioner with a directive to pay the same to the persons named in the petition according to their respective interests therein. The decree shall further direct that proof of compliance therewith, by affidavit or declaration under penalty of perjury, be filed by the petitioner within thirty (30) days after entry of said decree.
(f) A war claims award set aside pursuant to this Chapter, or any share therein, may be disbursed, in accordance with the Superior Court’s decree, to nonresident persons as provided in § 5103 of this Chapter.
(g) No person shall be liable for nondelivery of any war claims award set aside pursuant to this Section, or of a share therein, except for willful misconduct, unless an action at law or proceeding in equity or in probate to recover the same is commenced within three (3) years from entry of the decree setting aside the award.
(h) No person delivering an award exempt from administration under this Section shall be liable for any loss or
damage whatsoever to anyone, or be responsible for seeing to the proper distribution of the award, or is required to inquire into the truth of any statement in the petition. Any person to whom an award is delivered pursuant to this Section is answerable and accountable therefor to any personal representative of the decedent’s estate or to any other person having a right to the award or any portion thereof.
(i) If any award set aside pursuant to this Section, or share therein, cannot be paid or delivered in accordance with the Superior Court’s decree, for lack of information as to the identity, location, or mailing address of the person entitled thereto, the same shall be deposited in the name of such person with the Clerk of the Superior Court; and, such deposit is a full discharge of the petitioner as to any liability whatsoever in relation to the sum so deposited.
(j) No administrator’s fees shall be allowed, nor shall any court fees be assessed, with respect to an award set aside pursuant to this Section. If a private attorney has been retained, the Superior Court may award reasonable attorney’s fees out of the estate in lieu of statutory attorney’s fees pursuant to § 2811 of Chapter 28 of this Title, without regard to the size of the award. Such reasonable fees shall be based on verified statements of time and charges filed with the court by the attorney, and shall not exceed Three Hundred Dollars ($300.00).
(k) The Public Defender is directed to assist the decedent’s heirs at law in obtaining distribution of war claims awards pursuant to this Chapter, but nothing shall prevent such heirs from using private attorneys for such purpose.