Guam § 2211 - Specific Actions Authorized: For Partition; on Bond of

§ 2211. Specific Actions Authorized: For Partition; on Bond of

Former Personal Representative; to Recover Fraudulently Conveyed

Property; Procedure and Distribution of Latter.

(a) When a decedent leaves an undivided interest in any property, an

action for the partition thereof may be instituted and maintained against

such decedent's personal representative; and a decedent's personal repre-

sentative may institute and maintain an action against the other cotenants

for the partition of any property in which such decedent left an undivided

interest.

(b) A personal representative, as such, may institute and maintain an

action on the bond of any former personal representative of the same

estate, for the use and benefit of all parties interested in the estate.

(c) If a decedent, in his lifetime, conveyed any real or personal

property, or any interest therein, with intent to defraud his creditors, or to

avoid any obligation due another, or made a conveyance that by law is

void as against creditors, or made a gift of property in view of death, and

there is a deficiency of assets in the hands of the personal representative,

the personal representative must, on the application of any creditor,

commence and prosecute to final judgment an action for the recovery of

COL372014

CH. 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS

WITH THE WILL ANNEXED AND ADMINISTRATORS

the same for the benefit of the creditors. A creditor making such applica-

tion must pay such part of the cost and expenses of the suit, or give such

security to the personal representative therefor, as the Superior Court of

Guam shall direct. All property recovered in an action brought under the

provisions of this subsection must be sold for the payment of debts, in

the same manner as if the decedent had died seised or possessed thereof,

and the proceeds of such sale must be appropriated in payment of the

debts of the decedent in the same manner as other property in the hands

of the personal representative. The remainder of the proceeds, after all

the debts of the decedent have been paid, must be paid to the person from

whom such property was recovered.