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    Monday, October 14, 2019-6:39:17P.M.

     

     

     

     

     

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Court removes former employer as administrator of David estate

THE Superior Court has granted the request of the late Eduardo Ocampo David’s siblings to remove JAG construction owner Juan A. Gacayan as administrator for the decedent’s estate.

Charity Hodson, the lawyer who represents David’s siblings, told Variety that “the heirs of the estate are relieved with the court’s decision.”

Judge Joseph N. Camacho, in an order on Friday, denied Gacayan’s amended petition for letters of administration.

The judge also granted the heirs’ motion to appoint Christopher G. Imbo as the administrator of the estate.

The court order stated that any person who objects to the appointment of Imbo as administrator has 60 days to file an objection.

David, a 60-year-old electrician who hailed from Pampanga, the Philippines, died on Oct. 15, 2018 after over a week in the intensive care unit of the Commonwealth Health Center following a heart attack.

David was not married and had no children. He was working on Saipan since the late 1980s.

His employer, Gacayan, after petitioning the court, was appointed as David’s estate administrator on Dec. 20, 2018.

The estate has $20,794 in a bank account listed as asset.

Gacayan petitioned the court for final distribution, saying that based on “the decedent’s prior instructions…the bank account containing $20,794.08” should be distributed to Gacayan.

But the court told Gacayan to explain how a non-family individual could inherit money from a decedent without a will.

Gacayan recently filed an amended petition for letters of administration and stated that David left behind a $240,077 hospital bill. Gacayan said he also paid $1,517 for David’s funeral expenses and incurred $7,000 in legal fees as administrator.

In his order, Judge Camacho said an amended petition is not necessary, noting that Gacayan attempted to do some good things during his appointment as administrator of the estate.

However, Gacayan “also incurred debt in the amount of $5,000 on behalf of the estate without court approval,” the judge said.

He noted that Gacayan could have communicated with David’s siblings, but failed to provide them notice.

As for creditor claims against the estate, Judge Camacho said, “the bigger issue in this case is the act of an administrator coming before a court and representing that there was no debt in the estate.”

He said whether a power of attorney was in place or not, an administrator’s fiduciary duty to the estate always applies.

“Mr. Gacayan’s representation to the court that the estate had no debt gives cause to the court to question whether Mr. Gacayan understood his duty as the administrator of the estate. Mr. Gacayan had conflicting duties as both a creditor of the estate and the administrator of the estate; although an administrator can also be a creditor, such potential conflicts must be clearly disclosed.”

The siblings of David are Maria Gina O. David-Cuenco, Monalisa Ocampo David, Marlene Ocampo David, Avelino Ocampo David Jr., Elizabeth Ocampo David-Sta. Ana, and Olivia Ocampo.