Superior Court Associate Judge Joseph N. Camacho removed Tuesday the administratrix of the estate of her deceased father for not taking action for 13 years to distribute the estate\u2019s assets and close the probate.<\/p>\n
Camacho found that Arcelia Kileleman Cody\u2019s decision to not distribute the estate\u2019s assets \u201cunless the heirs pay in order to inherit\u201d conflicts with her fiduciary duty as administratrix of the estate of Guillermo R. Kileleman.<\/p>\n
The judge appointed instead Cody\u2019s sister, Adorasion Kileleman Hix, as the estate\u2019s acting administratrix.<\/p>\n
Although there was no testimony presented that Hix is competent to perform the duties as administratrix, Camacho said the court is concerned that, without at least an interim administratrix, the probate action will be further delayed.<\/p>\n
The estate\u2019s heirs were given 90 days from Tuesday to oppose Hix\u2019s appointment.<\/p>\n
\u201cIf no opposition is filed, this interim appointment shall be[come] permanent without further action by the court,\u201d Camacho said.<\/p>\n
Camacho found that Cody\u2014as estate administratrix\u2014has failed to satisfy the standards set by the NMI Rules of Probate Procedure and her fiduciary duties toward the estate.<\/p>\n
He said Cody had a duty to file an inventory of the estate within 60 days of her appointment as estate administratrix. However, 13 years has passed without Cody filing any inventory.<\/p>\n
Therefore, the judge said, Cody is not the best person to administer the estate of Kileleman. He said Cody violated her duty to act with care and diligence toward the estate by failing to file for distribution any estate assets within the 13 years she has been its administratrix.<\/p>\n
Camacho said even if some or all of Cody\u2019s expenses are determined to be reasonable, she could only be entitled from the estate, not from the individual heirs.<\/p>\n
He pointed out that Cody\u2019s insistence that the heirs \u201cpay their fair share\u201d prior to receiving estate assets violates her duty of loyalty toward the estate.<\/p>\n
According to court records, Kileleman died on Sept. 1, 1992. In 2004, Cody petitioned the court to administer the estate and she was appointed in 2006. Since then, she has not filed an inventory of the estate and has not moved for partial distribution.<\/p>\n
In February 2019, Cody\u2019s sister and Kileleman\u2019s daughter, Hix, asked the court to substitute her as the estate\u2019s administratrix, citing Cody\u2019s neglect.<\/p>\n
Last June 6, the court held an evidentiary hearing on the petition. <\/p>\n
Benjamin K. Petersburg represented Hix, while Joaquin DLG Torres represented Cody.<\/p>\n