Guam § 4909 - Summary Distribution of Land Claims Awards Not

§ 4909. Summary Distribution of Land Claims Awards Not

Exceeding $100,000.

(a) A land claims award not exceeding $100,000 after deduction of

costs and attorney's fees awarded or authorized by the District Court of

Guam may be set aside to a decedent's heirs at law, provided that no

proceedings for administration upon the decedent's estate are then

pending.

(b) A verified petition, together with a prayer that the award be set

aside as provided herein, may be presented by any heir at law of the

decedent or any heir at law of a deceased heir. The petition shall contain

allegations showing that this section is applicable and shall state the

names, mailing addresses, relationships and ages of each heir at law of

the decedent, as well as each heir at law of any deceased heirs, and their

respective fractional interests in the award. The petition shall further

state, without qualification, that if the petition be granted the petitioner

will distribute the award with due diligence to the persons named in the

petition, according to their respective interests.

(c) No person to whom an award, or any portion thereof, is set aside

pursuant to this section shall be personally liable for the unsecured debts

of the decedent or the debts of any deceased heir whose share of the

award is paid directly to his heirs at law, unless an action at law or

proceeding in equity or in probate to recover such debts is commenced

within one (1) year from entry of the decree setting aside the award. Such

liability shall not, in any event, exceed the amount received by the person

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charged the debts as his share of the award. If an action at law or

proceeding to collect such debts is commenced within the time allowed,

as aforesaid, the person or persons charged may assert any defenses,

counterclaims or set-offs that would have been available to the decedent

or deceased heir if he had not died.

(d) Notice of the hearing on the petition authorized by this section

shall be given as provided in § 4905 of this Chapter.

(e) If, upon hearing the petition authorized in this section, the

Superior Court finds that the award, after deduction of all costs and

attorney's fees allowed by the District Court of Guam, does not exceed

the sum of $100,000, it shall by appropriate decree assign the award to

the petitioner with a directive to pay the same to the persons named in

the petition according to their respective interests therein. The decree

shall further direct that proof of compliance therewith, by affidavit or

declaration under penalty of perjury, be filed by the petitioner within

thirty (30) days after entry of said decree.

(f) An award set aside pursuant to this section, or any share therein,

may be disbursed, in accordance with the Superior Court's decree, to

nonresident persons as provided in § 4908 of this Chapter.

(g) No person shall be liable for nondelivery of any award set aside

pursuant to this section, or of a share therein, except for willful miscon-

duct, unless an action at law or proceeding in equity or in probate to

recover the same is commenced within three (3) years from entry of the

decree setting aside the award.

(h) If any award set aside pursuant to this section, or share therein,

cannot be paid or delivered in accordance with the Superior Court's

decree, for lack of information as to the identity, location or mailing

address of the person entitled thereto, the same shall be deposited in the

name of such person with the Clerk of the Superior Court; such deposit is

a full discharge of the petitioner as to any liability whatsoever in relation

to the sum so deposited.

(i) No administrator's fees shall be allowed, nor shall any court fees

pursuant to Rule 91, Superior Court Rules of Civil Procedure, be

assessed, with respect to an award set aside pursuant to this section. If a

private attorney has been retained, the Superior Court shall award

reasonable attorney's fees out of the estate.

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(j) The Public Defender is directed to assist the decedent's heirs at

law in obtaining distribution of land claim awards pursuant to this sec-

tion and § 4910 of this Title, but nothing shall prevent such heirs from

using private attorneys for such purpose.