15 GCA ESTATES AND PROBATE CH. 51 PROBATE ADMINISTRATION OF GUAM WORLD WAR II CLAIMS . CHAPTER 51 PROBATE ADMINISTRATION OF GUAM WORLD WAR II CLAIMS SOURCE: Entire chapter added by P.L. 34-143: (Dec. 12, 20 18). § 5101. Legislative Intent and Findings. § 5102. Scope and Applicability of Chapter. § 5103. Delivery of War Claims Award, or Share Ther ein, to Nonresidents. § 5104. Summary Distribution of War Claims Awards. § 5105. Discretion of Court. § 5101. Legislative Intent and Findings. The Guam World War II Loyalty Recognition Act, Titl e XVII, Public Law 114-328, signed on December 23, 20 16, authorized the Foreign Claims Settlement Commission (FCSC) to conduct a supplemental war claims compensation p rogram for victims and survivors of the attack and occupation of Guam during World War II. The Act covers claims for deat h, rape, personal injury, severe personal injury, forced lab or, forced march, internment, and hiding to evade internment. Approximately three thousand six hundred forty (3,6 40) World War II survivors and their families from Guam have filed war claims with the FCSC. ced march, internment, and hiding to evade internment. Approximately three thousand six hundred forty (3,6 40) World War II survivors and their families from Guam have filed war claims with the FCSC. I Liheslaturan Guåhan finds that special amendments to the Probate Code of Guam are necessar y to permit expeditious administration of war claims awa rds at a minimum cost for Guam’s war survivors who die befor e receiving the award and their families. § 5102. Scope and Applicability of Chapter. (a) The term 'war claims award,' as used in this Ch apter, shall mean any monetary compensation paid by the United States of America pursuant to Title XVII of Public Law 114-328 or a successor statute. (b) War claims awards are subject to administration in the same manner as is directed in relation to other pro perty, except as expressly provided in this Chapter. COL3/1/201915 GCA ESTATES AND PROBATE CH. 51 PROBATE ADMINISTRATION OF GUAM WORLD WAR II CLAIMS 2 § 5103. Delivery of War Claims Award, or Share Ther ein, to Nonresidents. A war claims award, or any share therein, set aside pursuant to this Chapter or assigned or distributed upon adm inistration of a decedent’s estate to a person rd, or Share Ther ein, to Nonresidents. A war claims award, or any share therein, set aside pursuant to this Chapter or assigned or distributed upon adm inistration of a decedent’s estate to a person residing out of Gua m may be delivered by registered or certified U.S. mail, pos tage prepaid, with return receipt, to the last known address of t he nonresident assignee or distributee, and upon such mailing the personal representative shall not be personally liable for any loss arising from nonreceipt thereof, except for willful miscond uct. If the award or any share therein, after mailing as afores aid, is returned to the personal representative unclaimed, the same shall be deposited with the Clerk of the Superior Court in t he name of the nonresident assignee or distributee, pursuant to § 3023 of Chapter 30 of this Title, unless the Superior Court orders delivery by such other means as it deems appropriat e, compliance with which shall also discharge the personal representative from any liability whatsoever. § 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 Cl aims Settlement ny liability whatsoever. § 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 Cl aims Settlement Commission may be set aside to a deceden t’s heirs at law without further administration pursuant to this Title; provided, that no probate proceedings or petition t o commence such proceedings for administration upon the decede nt’s estate are then pending. (b) A verified petition, together with a prayer tha t the award be set aside as provided herein, may be prese nted 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 respec tive 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 pers ons named in the petition, according to their respective interes ts. te, without qualification, that if the petition be granted the petitioner will distribute the award with due diligence to the pers ons named in the petition, according to their respective interes ts. COL3/1/201915 GCA ESTATES AND PROBATE CH. 51 PROBATE ADMINISTRATION OF GUAM WORLD WAR II CLAIMS 3 (c) No person to whom an award, or any portion ther eof, is set aside pursuant to this Section shall be persona lly liable for the unsecured debts of the decedent or the debts of any deceased heir whose share of the award is paid directly to h is/her heirs at law. (d) Not less than thirty (30) days before filing th e petition with the Superior Court, the applicant shall send by pre-paid mail, certified or registered, return receipt reque sted, a copy of the petition to each person entitled to share in th e war claim award for whom a mailing address is known, together with notice that if such a person objects to the propose d 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. ibution 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 subm it 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’ pl an of distribution to be fair and equitable, it shall by appropriate decree assign the war claims award to the petitione r with a directive to pay the same to the persons named in t he petition according to their respective interests therein. Th e decree shall further direct that proof of compliance therewith, by affidavit or declaration under penalty of perjury, be filed by t he petitioner within thirty (30) days after entry of said decree. (f) A war claims award set aside pursuant to this C hapter, or any share therein, may be disbursed, in accordan ce 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 an y war claims award set aside pursuant to this Section, or of a share Court’s decree, to nonresident persons as provided in § 5103 of this Chapter. (g) No person shall be liable for nondelivery of an y war claims award set aside pursuant to this Section, or of a share therein, except for willful misconduct, unless an a ction at law or proceeding in equity or in probate to recover the s ame 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 f or any loss or COL3/1/201915 GCA ESTATES AND PROBATE CH. 51 PROBATE ADMINISTRATION OF GUAM WORLD WAR II CLAIMS 4 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 answ erable and accountable therefor to any personal representative of the decedent’s estate or to any other person having a r ight 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 ht 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 perso n entitled thereto, the same shall be deposited in the name of such person with the Clerk of the Superior Court; and, such dep osit is a full discharge of the petitioner as to any liability wha tsoever in relation to the sum so deposited. (j) No administrator’s fees shall be allowed, nor s hall any court fees be assessed, with respect to an award se t 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 pur suant 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 Dollar s ($300.00). (k) The Public Defender is directed to assist the d ecedent’s heirs at law in obtaining distribution of war claim s awards ourt by the attorney, and shall not exceed Three Hundred Dollar s ($300.00). (k) The Public Defender is directed to assist the d ecedent’s heirs at law in obtaining distribution of war claim s awards pursuant to this Chapter, but nothing shall prevent such heirs from using private attorneys for such purpose. § 5105. Discretion of Court. Notwithstanding the provisions of this Chapter, any judge of the Superior Court may determine and order, at h is or her discretion, that a particular estate with war claim s awards be administered under the provisions of this Code appl icable to other estates without war claims awards. --------- COL3/1/2019
Guam Legal Code