Title 15 — Estates and Probate

A guardian appointed by a court is not entitled to his discharge until one (1) year after the ward's majority. SOURCE: Probate Code of Guam (1970), § 1593. ---------- COL120106

At any time after the issuance of letters of guardianship, any relative of the ward, in person or by attorney, or the attorney for any department or bureau of the United States government or of the government of Guam which makes or awards compensation, pension, insurance or other…

Such request shall give the post office address of the person making the same or of the attorney, and thereafter a brief notice of the filing of any such petition or account or of the commencement of any such proceeding, except petition for the sale of perishable property or othe…

Proof of mailing or of personal service of the notice must be made at the hearing; and if it appears to the satisfaction of the court that said notice has been regularly given, the court shall so find in its order, and such order, when it becomes final, shall be conclusive upon a…

When not otherwise specially prescribed in this Division, practice and procedure and the making and entry of orders under this Division shall be governed by the provisions of Division 3 of this Title, so far as they are applicable. SOURCE: Probate Code of Guam (1970), § 1606.

The provisions of this Division do not limit the power of any court to appoint a guardian ad litem to protect the interests of any minor or insane or incompetent person in an action or proceeding pending therein. SOURCE: Probate Code of Guam (1970), § 1607. ---------- COL120106

An appeal may be taken to the Supreme Court of Guam from an order granting or revoking letters of guardianship settling an account of a guardian or refusing to make any order heretofore mentioned in this Section. SOURCE: Probate Code of Guam (1970), § 1630. COMMENT: (1994) Pursua…

An appeal from an order appointing a guardian for an insane or incompetent person shall stay the power of the guardian, except that, for the purpose of preventing injury or loss to person or property, the court making the appointment may direct the exercise of the powers of the g…

Pursuant to ' 1424c of Title 48, United States Code, a judgment has been entered in the District Court of Guam, in Civil Action No. C-81- 0112 RFP, approving the settlement of numerous claims for compensa- tion in respect to the land acquisitions by the United States of America a…

COL120106 (a) the term land claims award, as used in this Chapter, shall mean any monetary compensation paid by the United States of America pursuant to 48 U.S.C. Section 1424c or a successor statute. (b) Land awards are subject to administration in the same manner as is directed…

Letters testamentary or of administration, or of administration which the will annexed, shall issue in probate cases in which an estate has been finally settled, for the purpose of administration on a land claims award. The Superior Court shall reopen the original probate proceed…

Deceased Heirs. (a) No separate administration on the share of a deceased heir, legatee or devisee in a land claims award shall be necessary; such share shall instead be distributed directly to his heirs at law, provided that the following conditions are met: (1) The petition for…

COL120106 (a) Notice of the hearing on a petition for letters testamentary or of administration with the will annexed, or for an order setting aside a land claims award pursuant to § 4909 of this Chapter, or for preliminary or final distribution filed under § 4904(a)(1) of this C…

(a) Notice, presentation and payment of creditor's claims shall be undertaken in proceedings governed by this Chapter, except as follows: (1) In the case of proceeding re-opened under § 4903 of this Chapter, or in the case of a deceased heir's estate previously subject to probate…

The provisions of Chapter 20, Subchapter B, of this Title, concerning security for the faithful performance of a personal represen- tative shall not apply to this Chapter, provided that the land claims award is deposited with a federally insured depository under a court order pro…

Nonresidents. COL120106 A land claims award, or any share therein, assigned or distributed upon administration of a decedent's estate to a person residing out of Guam may be delivered by registered or certified U.S. mail, postage prepaid, with return receipt, to the last known ad…

Exceeding $100,000. (a) A land claims award not exceeding $100,000 after deduction of costs and attorney's fees awarded or authorized by the District Court of Guam may be set aside to a decedent's heirs at law, provided that no proceedings for administration upon the decedent's e…

Without Administration. (a) No probate administration is required upon a land claims award not exceeding $15,000 after deduction of costs and attorney's fees awarded or authorized by the District Court of Guam (the "Court"). (b) Any successor to the decedent entitled to the award…

of Prior Administration. A decree of preliminary or final distribution purporting to distribute a parcel of real property that had been condemned either before or after the decedent's death, but prior to entry of such decree, passes title to the land claims award with respect to …

A decree of preliminary or final distribution, an order setting aside a land claims award, or an affidavit filed pursuant to § 4910 of this Title passes title to any additional sums awarded by the District Court of Guam with respect to the parcel identified in the decree, order o…

Notwithstanding the provisions of this Chapter, any judge of the Superior Court may determine and order, at his or her discretion, that a particular estate with land claims be administered under the provisions of this Code applicable to other estates without land claims. --------…

This Act shall be known and may be cited as the “Revised Uniform Fiduciary Access to Digital Assets Act.”

In this Act: COL9222017 ACCESS TO DIGITAL ASSETS ACT (a) Account means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (b) Agent means …

(a) This Act applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this Act; (2) a personal representative acting for a decedent who died before, on, or after the effective date of this Act; (3) a guardianship pro…

(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at a…

(a) This Act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This Act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for…

(a) When disclosing digital assets of a user under this Act, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to…

Deceased User. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by…

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …

Principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the…

COL9222017 ACCESS TO DIGITAL ASSETS ACT Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a …

Original User. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the co…

in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an origi…

Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor…

(a) After an opportunity for a hearing under Division 4 of Title 15, Guam Code Annotated, the court may grant a guardian access to the digital assets of a ward. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalog…

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with…

(a) No later than sixty (60) days after receipt of the information required under §§ 5007 through 5015, a custodian shall comply with a request under this Act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to co…

In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Commerce Act. This Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the…

If any provision of this Act or its application to any person or circumstance is found to be invalid, or contrary to law, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provisions or applications, and to …

The Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114-328, signed on December 23, 2016, authorized the Foreign Claims Settlement Commission (FCSC) to conduct a supplemental war claims compensation program for victims and survivors of the attack and occupation …

(a) The term “war claims award,” as used in this Chapter, shall mean any monetary compensation paid by the United States of America pursuant to Title XVII of Public Law 114-328 or a successor statute. (b) War claims awards are subject to administration in the same manner as is di…

to Nonresidents. A war claims award, or any share therein, set aside pursuant to this Chapter or assigned or distributed upon administration of a decedent’s estate to a person residing out of Guam may be delivered by registered or certified U.S. mail, postage prepaid, with return…

(a) When a war claims awardee dies before receiving the award, a war claims award awarded by the Foreign Claims Settlement Commission may be set aside to a decedent’s heirs at law without further administration pursuant to this Title; provided, that no probate proceedings or peti…

Notwithstanding the provisions of this Chapter, any judge of the Superior Court may determine and order, at his or her discretion, that a particular estate with war claims awards be administered under the provisions of this Code applicable to other estates without war claims awar…