Ex-DCCA chief claims to be heir of estate that got over $2.7M

Former Community and Cultural Affairs Secretary Melvin Faisao is citing Carolinian customary law to bolster his claim of being an heir of the Rita Rogolofoi estate.

That estate had just been awarded $2.7 million plus interest for a land compensation in 2009 and had received from the CNMI government $700,000 last February as advance payment.

The matter will be heard on June 1, 2017.

Superior Court Associate Judge Joseph N. Camacho first heard on April 13 Rogolofoi estate administrator Clarence “Bud” White’s motion to approve a settlement between the CNMI government and the estate on a land compensation claim and to partially distribute proceeds under that settlement.

Camacho then continued to June 8, 2017, the hearing on the Rogolofoi estate’s motion for approval of the settlement, and for partial distribution.

With the agreement of the parties appearing at the hearing, Camacho authorized a partial distribution in the amount of $100,000.

The judge ordered the administrators of the four sub-estates to agree on how to best distribute the $100,000.

On May 12, 2009, the Superior Court entered a judgment in favor of the administrator in the quiet title action, awarding the heirs to the Rogolofoi estate fee simple ownership and titles to two lots containing some 33,927 square meters.

The heirs were also awarded a total of $2,690,020.07, which represented “just compensation” for certain government takings and rental payments collected by the Department of Public Lands, plus 9 percent post-judgment interest.

The then-total judgment award plus post-judgment interest came out to a grand total of $2,844,566.64.

Faisao, through counsel Charles P. Reyes Jr., filed last Monday an heirship claim against the estate.

According to Reyes, Faisao is related to the late Rita Rogolofoi and now claims inheritance rights from the estate under traditional Carolinian customary law.

Reyes asked to be given the opportunity to present evidence showing that Faisao is entitled to a share of the estate of his grandmother’s sister, Rita Rogolofoi.

Reyes asked the court to consider the application of traditional Carolinian cultural law to the distribution of estate assets, rather than the statutory application of the Western rules of intestate succession.

Reyes said Rita Rogolofoi’s sibling is Micaria Rogolofoi Faisao.

He said Micaria Faisao had a son named Jesus Faisao, who was the father of Melvin Faisao.

Thus, Reyes said, Melvin Faisao is claiming inheritance rights based on his relationship to Micaria Faisao, his paternal grandmother, the sister of Rita Rogolofoi.

In White’s motion, attorney Stephen J. Nutting, counsel for White, asked the court to approve a settlement reached with the government to satisfy a long outstanding land compensation claim and judgment entered against the DPL and the government.

Nutting said that in 2009 the estate received a judgment in the amount of $2,690,020 plus post judgment interest.

Nutting said that last Feb. 1, the estate received an offer to settle the land compensation claim wherein the government agreed to make an immediate distribution of $700,000 with a commitment to repay a reduced portion of the balance due within three years.

TIn return for this commitment, the estate agreed to reduce the principal balance due and owing to the estate by 25 percent.

Nutting said at the time the proposed settlement was negotiated, the government made clear and counsel understood that a rejection of the settlement would only serve to place the estate back on a waiting list for future payments for land compensation claims to be paid when funds could become available and funds allocated to be paid off for that purpose would be approved by the Legislature.

Nutting said after meeting with family members and representatives of the four families that are the heirs of the estate, and with the advice of White and him (Nutting), it was agreed to accept the settlement.

Nutting asked the court to approve the settlement.

Nutting also disclosed that the $700,000 that the government advanced as payment against the land compensation claim are presently held in a client trust account of his law office.

Nutting proposed to deliver $600,000 of those funds to each of the heirs who are to be named and listed as shareholders in a family corporation, Likkarogh, Inc.