Guam § 5104 - Summary Distribution of War Claims Awards.

§ 5104. Summary Distribution of War Claims Awards.

(a) When a war claims awardee dies before receiving the

award, a war claims award awarded by the Foreign Claims

Settlement Commission may be set aside to a decedent’s heirs at

law without further administration pursuant to this Title;

provided, that no probate proceedings or petition to commence

such 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, and

relationships 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.

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(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/her heirs at

law.

(d) Not less than thirty (30) days before filing the petition

with the Superior Court, the applicant shall send by pre-paid

mail, certified or registered, return receipt requested, a copy of

the petition to each person entitled to share in the war claim

award for whom a mailing address is known, together with

notice that if such a person objects to the proposed plan of

distribution he/she shall file a written objection with the Superior

Court before the expiration of the thirty (30)-day period; and the

applicant shall file with such petition sworn proof of such

mailing. In lieu of mailing, the applicant may submit written

consent to the proposed plan of distribution signed by the person

entitled to share in the war claims award.

(e) If the Superior Court finds the petitioners’ plan of

distribution to be fair and equitable, it shall by appropriate

decree assign the war claims 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) A war claims award set aside pursuant to this Chapter,

or any share therein, may be disbursed, in accordance with the

Superior Court’s decree, to nonresident persons as provided in §

5103 of this Chapter.

(g) No person shall be liable for nondelivery of any war

claims award set aside pursuant to this Section, or of a share

therein, except for willful misconduct, 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) No person delivering an award exempt from

administration under this Section shall be liable for any loss or

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damage whatsoever to anyone, or be responsible for seeing to the

proper distribution of the award, or is required to inquire into the

truth of any statement in the petition. Any person to whom an

award is delivered pursuant to this Section is answerable and

accountable therefor to any personal representative of the

decedent’s estate or to any other person having a right to the

award or any portion thereof.

(i) 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; and, such deposit is a full

discharge of the petitioner as to any liability whatsoever in

relation to the sum so deposited.

(j) No administrator’s fees shall be allowed, nor shall any

court fees be assessed, with respect to an award set aside

pursuant to this Section. If a private attorney has been retained,

the Superior Court may award reasonable attorney’s fees out of

the estate in lieu of statutory attorney’s fees pursuant to § 2811

of Chapter 28 of this Title, without regard to the size of the

award. Such reasonable fees shall be based on verified

statements of time and charges filed with the court by the

attorney, and shall not exceed Three Hundred Dollars ($300.00).

(k) The Public Defender is directed to assist the decedent’s

heirs at law in obtaining distribution of war claims awards

pursuant to this Chapter, but nothing shall prevent such heirs

from using private attorneys for such purpose.