Guam § 1309 - Disposition of Community Property in Simultaneous Death

§ 1309. Disposition of Community Property in Simultaneous Death

Situation.

(a) Where a husband and wife have died, leaving community

property, and there is no sufficient evidence that they have died

otherwise than simultaneously, one-half (2) of all the community

property shall be administered upon, distributed, or otherwise dealt with,

as if the husband had survived and as if said one-half (2) were his

separate property, and the other one-half (2) thereof shall be

administered upon, distributed, or otherwise dealt with, as if the wife had

survived and as if said other one-half (2) were her separate property,

except as provided in Section 1307 of this Title.

(b) If a portion of the estate which was the community property

of a husband and wife would otherwise escheat to the Government of

Guam under the provisions of this Section and of Sections 917, 1001 and

1201 of this Title, or if a portion of the estate which was separate proper-

ty of a previously deceased spouse would otherwise escheat to the

Government of Guam under the provisions of Section 919 of this Title,

because there is no relative, including next of kin, of one of the spouses

to succeed to such portion of the estate, such portion of the estate shall be

distributed in equal shares to the children of the other spouse and to their

descendants by right of representation, or if such other spouse leaves no

children, nor descendants of a deceased child, in equal shares to the

parents of such other spouse, or if either is dead to the survivor, or if both

are dead, in equal shares to the brothers and sisters of such other spouse

and to their descendants by right of representation, or if such other

spouse leaves neither parent, brother, sister, nor descendant of a deceased

brother or sister, such portion of the estate goes to the next of kin of such

other spouse in equal degree, except that when there are two or more

collateral kindred in equal degree, but claiming through different ances-

tors, those who claim through the nearest ancestor to such other spouse

must be preferred to those claiming through an ancestor more remote.