Kaipat estate ‘very critical’

Superior Court Associate Judge Juan T. Lizama yesterday removed the administrator of the Rita Kaipat estate and granted attorney Joseph Arriola’s request to withdraw as counsel for the administrator.

Lizama appointed an interim administrator to replace Luis K. Pelisamen. The judge did not disclose the identity of the new administrator.

This developed as Maria M. Indalecio, administrator of the Carmen Guelles estate, told the Saipan Tribune that it was the check in the amount of $273,411 given her that bounced due to insufficient funds.

“I’m very frustrated, stressed out and ashamed because of what happened,” Indalecio said.

After meeting in his chamber with Arriola and the Rita Kaipat estate’s heirs’ lawyers Viola Alepuyo, Bruce Mailman, Joaquin Torres, and Antonio Atalig, Lizama announced the removal of Pelisamen and the withdrawal of Arriola.

Lizama, however, ordered Arriola and Pelisamen to return for a hearing on Tuesday at 1:30pm. The judge advised Pelisamen to get a new lawyer to represent him at the hearing.

Lizama also froze the account of the Rita Kaipat estate and prevented Arriola and Pelisamen from conducting bank transactions involving the estate’s money.

The judge ordered Pelisamen not to leave the CNMI, but denied attorney Atalig’s request to also include Arriola from such order.

Lizama also stated that he issued two sealed orders in the case.

Lizama reminded Pelisamen that the estate was established for the benefit of the heirs, but what has become apparent was that there was disbursement after disbursement of money from the estate account.

“This is a very serious allegations—that you have taken money from the estate account without permission from the court and your lawyer [Arriola],” the judge told Pelisamen.

“You make it more difficult for yourself,” the judge added, even as he stressed that Pelisamen and Arriola would be given the benefit of the doubt.

Lizama, on the other hand, told Arriola that his statement in the chamber is very important to determine if it is consistent with the court declaration he issued in requesting for his withdrawal.

Lizama described the situation as “very critical” and stated that he wants to make sure that he achieve the court’s goal “to mitigate potential damages.”

The hearing started in the morning, during which the judge asked Arriola to read his declaration of withdrawal. Pelisamen said he only knew about Arriola’s declaration in the news.

In that morning proceedings, Lizama denied Arriola’s motion as well as the request to remove Pelisamen “until more information is given to the court.”

The judge continued the hearing yesterday at 3pm to allow Arriola and Pelisamen to talk.

Arriola asked the court to allow him to withdraw from representing Pelisamen after he learned that the balance in the bank account was far less than the expected amount.

The Rita Kaipat estate was awarded by the defunct Marianas Public Lands Authority $4.7 million in land compensation settlement. The amount was split equally among three estates: Rita, Isaac, and Benigno Kaipat.

On Nov. 25, 2005, Arriola and Pelisamen opened a checking account in the amount of $1,377,058.39 at the Bank of Hawaii under the account name “Estate of Rita Kaipat.”

In April 2006, Lizama ordered a partial distribution of funds amounting to $1,093,644 to four sets of heirs of Rita Kaipat, including Guelles’ heirs. Pelisamen was ordered to disperse $273,411 to attorney Atalig, counsel for Guelles estate administrator Indalecio.