SUPERIOR Court Associate Judge Joseph N. Camacho denied a petition for partial distribution of financial assets, including the transfer of funds from the Estate of Antonia Camacho Sablan to the Estate of Manuel M. Sablan.
Judge Camacho on Monday said the amount ($93,524.83) constituting the family inheritance of Antonia C. Sablan from her father Juan Naog Camacho “shall pass as if Antonia C. Sablan had died intestate (without a will), in equal shares, to each of their nine children.”
These are the facts of the case:
1) Juan Naog Camacho (“Juan”), the father of Antonia Camacho Sablan, died intestate on Sept. 2, 1970.
2) Antonia Camacho Sablan (“Antonia”) married Manuel Magofna Sablan (“Manuel”).
3) Juan, Antonia and Manuel were Chamorros.
4) a. Juan died on Sept. 2, 1970, and his probate action was opened last in 2016.
b. Antonia died on Oct. 3, 1995, but her probate action was opened first in 1998.
c. Manuel survived his spouse Antonia and died on June 10, 2005, but his probate action was opened second in 2013.
5) Antonia and Manuel had nine children together.
6) Manuel had one additional child with another woman during his marriage to Antonia.
7) There was no credible evidence or testimony that Antonia, while she was alive, knew about Manuel’s additional child.
8) Antonia executed a valid last will and testament on Sept. 13, 1993. The will identified her spouse, Manuel, and her nine natural born children. After directing that all debts and taxes be paid out of the assets of her estate by her personal representative, item III of Antonia’s Will states: “[a]ll the rest, residue and remainder of my estate, of every nature and kind, which I may own at the time of my death, real personal and mixed, tangible and intangible, of whatsoever nature and wheresoever situated, I give, devise and bequeath to my spouse, Manuel M. Sablan, providing he survives me.”
Item III further provides that in the event her spouse predeceases her, she gives the rest, residue and remainder of her estate to her son, “Tomas C. Sablan, equally, share and share alike, or to their issue, in equal share per stirpes.”
9) On Aug. 3, 2020, Thomas C. Sablan, the executor of the Estate of the Antonia, received funds in the amount of $93,524.83 pursuant to a decree of partial distribution of assets from Antonia’s father in the Estate of Juan Naog Camacho, Civil Case No. 16- 0253. The sources of these funds include the remainder of the partial payment of the second installment of the long-term lease of the San Roque property and a partial land claim compensation payment from the government of the Commonwealth of the Northern Mariana Islands. The administratrix of the Estate of Juan decided, with court approval, that the Estate of Juan should receive land compensation instead of land exchange. Thus, Antonia’s interest in the Estate of Juan is one of personal property and not real property.
Judge Camacho said the Estate of Antonia takes the position that any money received by the Estate of Antonia should remain in the Estate of Antonia and be distributed in accordance with the Probate Code and the Rules of Probate Procedure, because at the time of Antonia’s death, Antonia did not have an interest in her late father Juan’s Estate prior to his Estate being probated. As a result, Antonia did not have an interest at the time of her death, and consequently all proceeds coming into Antonia’s Estate from her late father Juan’s probate should pass intestate, not according to the terms of her will.
The Estate of Manuel takes the position that all properties and monies in the inventory of the Estate of Antonia should be transferred to the Estate of Manuel in accordance with Antonia’s Will.
The Estate of Manuel highlights the intention of Antonia to transfer or bequeath the residue of her estate to her spouse Manuel, the judge said. This is clear in her will, and therefore it does not matter where or when Antonia accumulated her assets, Judge Camacho said, adding that because Antonia did not know about the child outside of their marriage, she did not account for the child in her will.
Under the law, Judge Camacho said, the money that she inherited from her late father is hers at the time of her father’s death.
Moreover, the judge said, when a will is unclear about unforeseen circumstance, the court cannot guess what the person would have done. “So the property is divided up as if she died without a will,” the judge added.
