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High Court rules in probate case
On July 18 2012, the Supreme Court issued a unanimous decision in In re Estate of Jose Celis Camacho, affirming the Superior Court’s order distributing the assets of Camacho’s estate to his four sons: Simion, Antonio, Francisco, and Jose in equal shares.
Jose Celis Camacho died without a will in 1977. Camacho’s probate opened in 1980 and was closed in 1982. Twenty-three years later, Francisco moved to reopen the probate so the successor administrator could bring a lawsuit on behalf of the Estate. The Superior Court granted Francisco’s motion over Simion’s objections and appointed Francisco as the administrator.
Subsequently, the Estate filed a quiet title action against several parties. One of the defendants to that suit paid the Estate $145,000 pursuant to a settlement agreement.
The court divided the settlement amount into four equal shares and ordered the administrator to distribute one share to each heir. Francisco appealed, challenging the ability of his brother Simion to receive an equal share of the settlement amount.
On appeal, the Supreme Court affirmed the lower court’s order because Simion is an heir of Jose Celis Camacho and is entitled to an equal share of his father’s estate.
The Supreme Court’s full opinion is In re Estate of Camacho, 2012 MP 8, and is found on the CNMI Judiciary web site at: http://http://www.justice.gov.mp/. (NMI Judiciary)
