Ex-employer removed as administrator of David’s estate

Citing conflicting duties, the Superior Court has removed the former employer of an electrician who died and left behind $20,794 in a bank account, as the administrator of the deceased worker’s estate.

In an order last Friday, Associate Judge Joseph N. Camacho ruled that Juan A. Gacayan’s representation to the court that the estate of Eduardo Ocampo David had no debt gives cause to the court to question whether Gacayan understood his duties as the estate’s administrator.

Camacho said Gacayan had conflicting duties as both a creditor of David’s estate and the administrator.

“Although an administrator can also be a creditor, such potential conflicts must be clearly disclosed,” the judge said.

Camacho granted the request of David’s siblings/heirs to, instead, name Christopher G. Imbo as the estate administrator.

Imbo, who is said to be a family friend of David’s family, is a resident of the CNMI. He was given the full authority to administer David’s estate and to serve without bond.

There is a 60-day period for anyone to object to Imbo’s appointment.

David was reportedly an employee of Gacayan from Oct. 1, 2017, to Sept. 30, 2018. David, a Filipino, passed away at the age of 60 at the Commonwealth Health Center on Oct. 15, 2018. His remains were brought to the Philippines last November.

Prior to David’s death, he reportedly suffered a major stroke and was admitted and remained at CHC for approximately two months under 24-hour care.

Gacayan recently disclosed that there is a potential claim by CHC for David’s hospital bill in the total amount of $240,077 that Gacayan received from CHC after David died.

The Philippine-based six siblings/heirs of David, through counsel Charity Hodson, have opposed Gacayan’s request to remain the administrator.

Camacho heard the case last Sept. 26. Gacayan testified at the hearing.

In his order on Friday, Camacho ruled that an amended petition to administer the estate is not necessary as the petition has already been filed in this case.

Camacho noted that Gacayan attempted to do some good things during his appointment as the administrator, but also incurred debt in the amount of $5,000 on behalf of the estate without court approval.

The judge found that Gacayan had access to communication with the heirs (siblings) but failed to provide them notice.

“One power of attorney for one family member does not impute knowledge to all of the family members and further does not empower the subject of the power of attorney to act on behalf of all family members,” he said.

Although Gacayan’s failure to list all debt on a petition for letters of administration is not fatal, Camacho said the bigger issue is the Gacayan coming before the court as the administrator and telling the court that there was no debt in the estate.

Camacho said whether a power of attorney was in place or not, and administrator’s fiduciary duty to the estate always applies.

Joey Patrick San Nicolas is counsel for Gacayan. Rosemond Santos withdrew as the original counsel for Gacayan.

Last June, Camacho expressed concern since an employer is not an heir of the decedent when there is no will that expressly states that such employer will get an inheritance upon a person’s death.

Gacayan’s original petition asked the court to allow him to inherit David’s money in the bank.