Woman’s heirship claim for share of $1.3M estate denied

Finding that she is not a culturally adopted child of her biological grandmother, the Superior Court determined that a woman is not entitled to a share of her grandmother’s $1.3-million estate.

In an 18-page order Thursday, Associate Judge Joseph N. Camacho ruled that heirship claimant Rosa Laniyo Norita has failed to prove the factors of the Carolinian custom of mwei mwei and therefore is not a culturally adopted child of her biological grandmother.

Mwei mwei, a Refaluwasch way of adopting children, means a person can inherit from an estate as if she is a natural child.

Camacho found that Rosa Laniyo Norita (Rosie) failed to prove that she was the mwei mwei child of Rosa Flores Norita because all of the eight factors used to determine whether an individual is a mwei mwei, plus the additional factors considered by the court, tip against a finding that Rosie is a mwei mwei child.

In denying a claim for a share of Rosa Flores Norita’s (Nana Rosa) $1.3-million estate, the judge determined that Rosie is not a culturally adopted child of Nana Rosa.

The estate of Rosa Flores Norita (Nana Rosa) is a sub-estate of the large Maria Mangabao estate, which received $19.3 million from the CNMI government over the taking of the estate’s land in Chalan Kanoa in 1993.

Superior Court Associate Judge Kenneth L. Govendo issued the final distribution of the Mangabao estate to the heirs in January 2018.

Camacho said that for Rosie to be found to be Nana Rosa’s mwei mwei child, and not just a kkiriida or another form of Carolinian adoptee, she must show that by a preponderance of evidence.

Camacho said for Rosie to be found as a mwei mwei, she must have produced evidence showing that it is more probable than not that she is a mwei mwei.

According to court records, Nicanor Flores Norita filed a petition in June 2018, for letters of administration and for his appointment as administrator of his mother’s estate, the estate of Rosa Flores Norita.

The petition listed Nicanor Norita and his brother, Juan Flores Norita, as heirs.

Jacinto Taman Flores filed a notice as an heir claiming he was a mwei mwei heir of the estate of Rosa Flores Norita.

Juan Flores Norita filed a notice of acceptance of Jacinto Flores’ mwei mwei heirship claim.

Last January, administrator Nicanor Norita filed a petition for final distribution in the estate of Rosa Flores Norita and listed as heirs were himself, his brother Juan Norita, and Jacinto Flores.

Last Feb. 15, the Probate Court ordered the final distribution of all assets in the estate of Rosa Flores Norita and closed its bank account.

Two months after the closure, Rosie, a non-party to the closed probate proceeding, filed a motion to reopen the estate.

Rosie’s motion asserted a claim of estate assets based on allegations that Nana Rosa adopted her pursuant to the Carolinian custom of mwei mwei.

Last May, the Probate Court partially granted Rosie’s motion for the limited purpose of determining the validity of her heirship claim as the purported adopted daughter of Rosa Norita, through the custom of mwei mwei.

The court then placed the matter under advisement after a hearing last June 3.

In his order Thursday, Camacho found that all of the witnesses presented by both parties have credibility issues and strong biases.

Camacho said because neither party produced a non-biased witness or any tangible evidence, and the parties disagree upon almost all of the pertinent facts, the court must analyze the arguments presented by the parties and weigh the credibility of the witnesses to determine whether Rosie is a mwei mwei.

Camacho found that Juan Flores Norita and Nicanor Flores Norita’s testimonies against Rosie’s mwei mwei claim more credible.

Camacho said he makes such a finding because Juan Norita, the natural father of Rosie, was the only witness who had first-hand knowledge and recollection of the event that occurred after Rosie’s release from the hospital.

Camacho said Rosie conceded that her biological siblings and cousins (the children of Nicanor) do not give her deference as an elder equal to the rank and status of Nicanor, Juan, and Jacinto.

Camacho said Rosie allowed Nicanor to handle Rosa Flores Norita’s probate without her input as the only alleged female “daughter” of Rosa Flores Norita—which would be very unusual if Rosie was a mwei mwei because, pursuant to Carolinian custom, Carolinian daughters have a heightened say in the probate of their parents.

Camacho said all of these findings persuade the court that Nana Rosa did not adopt Rosie as mwei mwei.

The judge said furthermore, the testimony of the witnesses indicates that, at best, Rosie was the kkiriida of Nana Rosa—Nana Rosa’s favorite grandchild.

Camacho said a mwei mwei adoption results in the child being socially elevated to the status equal to a natural child of the adopting parent—but being a kkiriida does not.

“Mwei mwei entails a culturally recognized status and inheritance rights, while kkiriida does not,” he said.

Rosie testified that she never lived with Nana Rosa again after she left Nana Rosa’s house at age of 15.

However, Camacho noted, Rosie did not testify that her natural parents reclaimed her after she allegedly left Nana Rosa. Instead, Camacho said, Rosie testified that she moved in with Nicanor Norita.

Camacho said Rosie eventually married, started a family of her own, and moved away from Saipan.

Juan Norita and Nicanor Norita testified that Rosie was never reclaimed because she was never adopted as a mwei mwei.

Camacho said Rosie’s biological father, Juan Norita, is alive and testified that he never consented to Rosie to be culturally adopted by Nana Rosa.

Camacho found that Nana Rosa did not consent to the adoption of Rosie.

Camacho said there was no credible testimony showing that Nana Rosa acknowledged and treated Rosie as her mwei mwei child.