7 Guam Code Ann. § 35105
Terms Used In 7 Guam Code Ann. § 35105
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Service of process: The service of writs or summonses to the appropriate party.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. The full name, and the place and date of birth of the decedent whose estate, or any party thereof, is claimed;
2. The full name of such decedent’s father and the maiden name of his mother, the places and dates of their respective births, the place and date of their marriage, the full names of all children, the issue of such marriage, with the date of birth of each, and the place and date of death of all children of such marriage who have died unmarried and without issue;
3. Whether or not such decedent was ever married, and if so, when, where and to whom;
4. How, when, and where such marriage, if any, was dissolved;
5. Whether or not said decedent was ever remarried, and, if so, where, when, and to whom;
6. The full names, and the places and dates of birth of all lineal descendants, if any, of said decedent; the dates and places of death of any thereof who died prior to the filing of such petition; and the places of residence of all who were then surviving, with the degree of relationship of each of such survivors to said decedent;
7. Whether any of the brothers or sisters of such decedent ever married, and if so, where, when and to whom;
8. The full names, and the places and dates~ of birth of all children, the issue of the marriage of any such brother or sister of the decedent, and the date and place of death of all deceased nephews and nieces of said decedent;
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9. The post office names of the cities, towns, or other places, each in its separate connection, wherein are preserved the records of the births, marriages, and deaths hereinbefore enumerated, and, if known, the title of the public official or other person having custody of such records.
If for any reason the petitioner is unable to set forth any of the matters or things hereinabove, required, he shall clearly state such reason in his petition.
If it is determined that such petitioner is entitled to the property, the court shall, under seal of the court, certify the facts to the Governor of Guam with recommendations as to the amount of damages that the plaintiff should be allowed, but without interest or costs to the Government of Guam, and requesting a warrant for that amount be drawn on the treasurer. All persons who fail to appear and file their petitions within the time limit are forever barred, saving however, to infants, and persons of unsound mind the right to appear and file their petitions within the time limit or within one year after their respective disabilities cease.
SOURCE: CCP § 1272.
‘ 35106. Unclaimed Bank Deposits Escheat to Government of Guam.
All amounts of money heretofore or hereafter deposited with any bank authorized to do business in Guam to the credit of depositors who have not made a deposit on said account or withdrawn any part thereof or the interest, and which shall have remained unclaimed for more than twenty years after the date of such deposit,, or withdrawal of any part of principal or interest, and where neither the depositor nor any claimant has filed any notice with such bank showing his or her present residence, shall, with the increase and proceeds thereof, escheat to the Government of Guam. Whenever the Attorney General shall be informed of such deposits, he shall commence an action or actions in the name of the Government of Guam, in the court having jurisdiction, in which shall be joined as parties the names of all such depositors. All or any number of depositors may be included in one action. Service of process in such action or actions shall be made by delivery of a copy of the complaint and summons to such bank and by publication. Upon the trial the court must hear all parties who have appeared therein and if it be determined that the moneys so deposited are unclaimed as hereinabove stated, then the court must render judgment in favor of the Government of Guam, declaring that said moneys have escheated to the Government of Guam.
SOURCE: CCP § 1273.
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CH. 35 ESCHEATED ESTATES
CROSS-REFERENCES: P.L. 18-37 (5/30/86) amended the Banking Laws to require that banks transmit to the Government of Guam all inactive savings accounts, if they had been inactive for more than ten years. That same public law also amended the Banking Laws to provide procedures by which the sums could be claimed from the Treasurer of Guam and the procedures and notices the banks had to establish before transferring the moneys to the Treasurer.