Is it possible to gain control of estate 2 years after passing?

[Not IC]

What is the name of your state? Guam

So my father passed away 2 years ago and he didn’t leave much so no one assumed the estate because of debt issues. It recently came to our attention that his customer (government of guam) had been underpaying his business and the amount owed would greatly exceed any debts he had. I researched and couldn’t find any specific statutes of limitations regarding my situation. Our local laws are here:

http://www.guamcourts.org/CompilerofLaws/gca.html
Is there any statute of limitations for my mother to become executor? My father had no will. I think local law puts her inline, but i can’t find anything about if there is a time limit. Also we’ve been trying to find a lawyer for months and it hasn’t been going well.

 

[Zigner]

You (your mom) will want to speak to a probate attorney in Guam.

 

[Dandy Don]

You need to be able to estimate how much is the amount his estate will be receiving from what the estate is owed and also add up what his debts will be, so you can have some idea of what the net estate value will be. Attorney/administrator will only be receiving a relatively small percentage fee as compensation, so that may be why there is some reluctance on the part of an attorney to take this case. I'm sure you will eventually find someone.
If you can afford to, sweeten the pot by offering to pay the attorney a retainer upfront.

If the net estate is worth $20,000.00 or less, then it qualifies as a "smaller estate" and can be expedited more quickly.

 

[Litigator22]

What is the name of your state? Guam

So my father passed away 2 years ago and he didn’t leave much so no one assumed the estate because of debt issues. It recently came to our attention that his customer (government of guam) had been underpaying his business and the amount owed would greatly exceed any debts he had. I researched and couldn’t find any specific statutes of limitations regarding my situation. Our local laws are here:

http://www.guamcourts.org/CompilerofLaws/gca.html
Is there any statute of limitations for my mother to become executor? My father had no will. I think local law puts her inline, but i can’t find anything about if there is a time limit. Also we’ve been trying to find a lawyer for months and it hasn’t been going well.

While you are looking for an attorney here are some thoughts to ponder regarding your father's estate; offered with the caveat that they're are not to be taken in substitution of professional advice.

If not already please be aware that much of the codified laws of the Territory (Guam Code Annotated (GCA) have been taken from those appertaining to the state of California, including California's community property laws.

Importantly here because if the deceased's estate - including that which may be due from the territorial government, consists only of father's vested 1/2 interest in the community property of mom and pop and the remittance from the government would render his intestate estate solvent, then it may be possible to settle such affairs without the need of administration. To explain:

Again, if the money due from the government is community and not separate property, all of it belongs to your mother. Meaning her vested 1/2 vested interest and her husband's 1/2 by intestate succession. PLUS "no administration shall be necessary". (See: 15 GCA Estates and Probate, Chapter 10 Succession to Community Property - Sections 1001 and 1005)

Then the question arises as to who can properly receipt for those belated payments. Because if the territorial government intends to remit any money, it will require an appropriate receipt evidencing full satisfaction of the claim.

You will need to consult with counsel, of course. But my thinking is that your mother is the proper party to effectively receipt for any such payment. First of all it would be her sole property - sans the need of any administrative/probate proceedings.

Secondly inasmuch as the Code gives her the right to "deal with and dispose of the community real property" (Section 1007) it seems no stretch whatsoever to allow her to deal with and discharge debtors of the community.

It needs mentioning also that your mother in a fashion inherited dad's debts. (CGA Section 1009) However, only to the extent of the community property. Your attorney will explain the implications of the law.

Anyway keep us posted, please.

 

[Not IC]

While you are looking for an attorney here are some thoughts to ponder regarding your father's estate; offered with the caveat that they're are not to be taken in substitution of professional advice.

If not already please be aware that much of the codified laws of the Territory (Guam Code Annotated (GCA) have been taken from those appertaining to the state of California, including California's community property laws.

Importantly here because if the deceased's estate - including that which may be due from the territorial government, consists only of father's vested 1/2 interest in the community property of mom and pop and the remittance from the government would render his intestate estate solvent, then it may be possible to settle such affairs without the need of administration. To explain:

Again, if the money due from the government is community and not separate property, all of it belongs to your mother. Meaning her vested 1/2 vested interest and her husband's 1/2 by intestate succession. PLUS "no administration shall be necessary". (See: 15 GCA Estates and Probate, Chapter 10 Succession to Community Property - Sections 1001 and 1005)

Then the question arises as to who can properly receipt for those belated payments. Because if the territorial government intends to remit any money, it will require an appropriate receipt evidencing full satisfaction of the claim.

You will need to consult with counsel, of course. But my thinking is that your mother is the proper party to effectively receipt for any such payment. First of all it would be her sole property - sans the need of any administrative/probate proceedings.

Secondly inasmuch as the Code gives her the right to "deal with and dispose of the community real property" (Section 1007) it seems no stretch whatsoever to allow her to deal with and discharge debtors of the community.

It needs mentioning also that your mother in a fashion inherited dad's debts. (CGA Section 1009) However, only to the extent of the community property. Your attorney will explain the implications of the law.

Anyway keep us posted, please.

This is a great answer. Thank you I will update as soon as I progress.