Guam § 75109 - Successors to Lessees.

§ 75109. Successors to Lessees.

(a) [No text]

(1) Upon the death of the lessee, his interest in the tract or tracts and the improvements thereon,

including growing crops (either on the tract or in any collective contract or program to which the lessee

is a party by virtue of his interest in the tract or tracts), shall vest in the relatives of the decedent as

provided in this paragraph. From the following relatives of the lessee, spouse, children, grandchildren,

parents, grandparents, siblings widows or widowers of children or siblings, or nieces and nephews, the

lessee shall designate the person or persons to whom he directs his interest in the tract or tracts to vest

upon his death. Such person or persons must be qualified to be a lessee of Chamorro homelands;

provided, that such person or persons need not be eighteen (18) years of age; provided, further,

however, that, if the person designated by the lessee:

(A) is the lessee’s spouse;

(B) has been married to the lessee for at least the past seven (7) years;

(C) is residing on the property with the lessee in a structure that has been approved as a

residence at the time of the lessee’s death; and

(D) is not an eligible beneficiary as defined under this Act, such person shall, upon the death

of the lessee, receive a life estate in the remainder of the lease, and upon termination of the life

estate, assignment of the lessee’s remaining interest in the lease shall be governed by the

applicable provisions of the Chamorro Land Trust Act as if the lessee had died without

designating his or her spouse as a beneficiary.

(2) Such designation must be in writing, must be specified at the time of execution of such lease

with a right in such lessee in similar manner to change such beneficiary at any time and shall be filed

with the Commission and approved by the Commission in order to be effective to vest such interests

in the successor or successors named.

(3) In the absence of such a designation as approved by the Commission, the Commission shall

select from the relatives of the lessee in the order named above as limited by the foregoing paragraph

one (1) or more persons who are qualified to be lessees of Chamorro homelands except as hereinabove

provided, as the successor or successors of the lessee’s interest in the tract or tracts, and upon the death

of the lessee, his interest shall vest in the person or persons so selected. The Commission may select

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such a successor or successors after the death of the lessee, and the rights to the use and occupancy of

the tract or tracts may be made effective as of the date of the death of such lessee.

(4) In the case of the death of a lessee leaving no such relative qualified to be a lessee of Chamorro

homelands, the land subject to the lease shall resume its status as unleased Chamorro homelands and

the Commission is authorized to lease such land to a native Chamorro or Chamorros as provided in

this Chapter.

(5) Upon the death of a lessee leaving no such relative qualified to be a lessee of Chamorro

homelands, or the cancellation of a lease by the Commission, or the surrender of a lease by the lessee,

the Commission shall appraise the value of all such improvements and growing crops and shall pay to

the legal representative of the deceased lessee, or to the previous lessee, as the case may be, the value

thereof, less any indebtedness to the Commission, or for taxes, or for any other indebtedness the

payment of which has been assured by the Commission, from the deceased lessee or the previous

lessee. Such payment shall be made out of the loan fund and shall be considered an advance therefrom

reimbursable out of payments made by the successor or successors to the tract involved. Such appraisal

shall be made by three (3) appraisers, one (1) of which shall be named by the Commission, one (1) by

the previous lessee or the legal representative of the deceased lessee, as the case may be, and the third

shall be selected by the two (2) appraisers hereinbefore mentioned.(b) After the cancellation of a lease

by the Commission in accordance with the provisions of § 75110 or § 75114 of this Chapter, or the

surrender of a lease by a lessee, the Commission is authorized to transfer the lease or to issue a new

lease to any qualified Chamorro regardless of whether or not he is related in any way by blood or

marriage to the previous lessee.

(b) Should any successor or successors to a tract be a minor or minors, the Commission may appoint

a guardian therefor subject to the approval of the Superior Court. Such guardian shall be authorized to

represent the successor or successors in all matters pertaining to the leasehold: provided, that said guardian

shall, in so representing such successor or successors, comply with the provisions of this Chapter and the

stipulations and provisions contained in the lease, except that said guardian need not be a native Chamorro

as defined in § 75101 of this Chapter.