THE lawyer of Nelida B. Atalig said her proposed distribution of her late husband’s property does not violate Article XII of the CNMI Constitution, and should be approved by the Superior Court.
Atalig is the surviving spouse of former Justice Pedro Manglona Atalig who passed away in February 2005 at the age of 55.
In a brief filed in court, attorney Joseph E. Horey said his client seeks to inherit an interest in some of her husband’s real properties.
But he said her petition to do so is complicated by the following facts:
• The late Justice Atalig was a person of Northern Marianas descent or NMD.
• Mrs. Atalig is not an NMD.
• Her husband has several surviving children, all of whom are NMDs.
Horey said, “In recognition of the restrictions imposed by Article XII of the CNMI Constitution, Nelida therefore seeks a short-term interest only — i.e., an interest for a term not to exceed 55 years.”
Article XII of the CNMI Constitution limits land ownership in the Commonwealth to persons of Northern Marianas descent.
But according to Horey, “Article XII only prohibits a non-NMD surviving spouse from inheriting a permanent and long-term interest in land when a decedent has NMD issue who can own land. Since the distribution that Nelida proposes would not result in her inheriting such an interest, it does not violate Article XII.”
Moreover, he said, his client’s proposed distribution conforms to CNMI statutory law. “Nelida, as Decedent’s surviving spouse, would ordinarily be statutorily entitled to one-half of all his properties, as well as ‘the primary family home and lot.…’ Since she is a non-NMD, however, she takes only ‘the maximum allowable legal interest.…’ The maximum allowable interest is no less than the 55-year interest that Nelida proposes herein.”
