Marianas Variety

Last updateSat, 21 Sep 2019 12am

Headlines:

     

     

     

     

     

    Friday, September 20, 2019-6:11:26P.M.

     

     

     

     

     

Font Size

Settings

Court: Estate administrator breached fiduciary duties

THE Superior Court has removed Arcelia Kileleman Cody as administrator of the Estate of Guillermo R. Kileleman for breaching her fiduciary duties.

Judge Joseph N. Camacho found Cody’s 13 years of inaction to close the probate conflicts with her fiduciary duties to the estate.

The judge said Cody is not the best person to administer the estate.

Cody was appointed administrator of her father’s estate on July 27, 2006, based on her court petition on Sept, 13, 2004.

Guillermo Kileleman died on Sept 1, 1992.

The judge noted that since Cody’s appointment as administrator, she has not “filed an inventory of the estate, moved for partial distribution, petitioned for final distribution of the estate, or brought any matters to the court that may have provided cause or reasons for the delay.”

On Feb, 22, 2019, Cody’s sister, Adoracion Kileleman Hix, petitioned the court to substitute Cody, citing Cody’s neglect of the estate.

On June 6, 2019, the court held an evidentiary hearing, and Cody was called to testify.

She was represented by attorney Joaquin DLG Torres while Hix was represented by attorney Benjamin K. Petersburg

In her testimony, Cody admitted that she had not filed anything since her appointment as administrator of the estate.

The estate has no cash assets, no creditor claims, but has interest in one property lot, and a disputed interest in another property lot.

Cody said she spent approximately $25,000 of her personal money on funeral expenses, the construction of an access road and surveying on Lot 218, and other expenses involving the estate.

She said she has not asked the court to distribute the estate property to the heirs because she expects the heirs to “pay for their fair share” of Cody’s expenses before they can receive their share of the property.

Cody added that she does not want reimbursement from the estate, but that it should come from the children of Guillermo R. Kileleman.

In his order, Judge Camacho said Cody, as estate administrator, failed to satisfy the standards imposed by the NMI Rules of Probate Procedure and violated her duty to act with care and diligence toward the estate.

He said Cody’s insistence that the heirs “pay their fair share” prior to receiving estate assets violates her duty of loyalty toward the estate.

The judge said the proper course of action is to file an inventory noting the costs and expenses, and to seek reimbursement at the time of final distribution.

The court will issue a separate order appointing an interim administrator.