DAVID Borja Roberto is claiming that his siblings are keeping rental payments from one of the properties left to them by their parents.
Roberto, representing himself, petitioned the Superior Court on Tuesday to reopen the probate of their mother, the Estate of Maria Borja Roberto.
In his petition, Roberto also claimed that one of the properties located on Airport Road is being used for cockfighting every Sunday which is illegal under federal law.
Roberto likewise requested that he be appointed as administrator of their mother’s estate, saying that previous administrators, who are his siblings, have failed to follow his parents’ will.
He said as an accountant, he is more that capable to handle the state’s affairs.
According to his petition, the previous administrators, “in collusion with other siblings, are renting out or leasing out estate property in their individual capacity without authority and retaining the proceeds for themselves.”
Roberto said a joint and mutual last will and testament of his parents, Andres Ada Roberto and Maria Borja Roberto, was filed in Superior Court under Civil Action 07-0375.
He said the joint and mutual last will and testament listed 17 pieces of property that the couple had acquired or had accumulated during their marriage — contrary to the inventory and claims submitted to the court at the hearing for a decree of final distribution on the Estate of Maria Borja Roberto on March 30, 2017.
David B. Roberto said the will of his parents “outlined their final wishes as to how their properties were to be distributed after their death and as to which person was to manage the properties until their distribution.”
He said 12 of the properties have concrete houses and that decedent Maria Borja Roberto had absolute and fee simple for all these properties.
According to his petition, the will of Maria Borja Roberto called for the creation of two trust accounts after her death for the benefit of her children.
“All properties listed are to be rented out and the proceeds are to be distributed to the listed children, shared and shared alike,” the petition stated.
The decedent couple had seven children, among them, Sen. Celina R. Babauta. Variety was unable to get a comment from her.
