In re Estate of Melander [2003] FMKSC 16; 12 FSM Intrm. 82 (Kos. S. Ct. Tr. 2003) (9 September 2003)

KOSRAE STATE COURT TRIAL DIVISION
Cite as In re Estate of Melander, 12 FSM Intrm. 82 (Kos. S. Ct. Tr. 2003)

[12 FSM Intrm. 82]

IN RE ESTATE OF TEDRICK MELANDER,

LELEAN W. WAKUK
Petitioner,

vs.

MELANDER MELANDER et al.,
Respondents.

PROBATE CASE NO. 4-03

ORDERS GRANTING PETITION; APPOINTING TRUSTEE: SETTING DISTRIBUTION

Yosiwo P. George
Chief Justice

Hearing: September 9, 2003
Decided: September 9, 2003

APPEARANCE:

For the Petitioner:
Canney Palsis, Esq.
Directing Attorney
Micronesian Legal Services Corporation
P.O. Box 38
Lelu, Kosrae, FM 96944

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HEADNOTE

Domestic Relations - Probate
It is in an estate’s best interests that a trustee who resides in Kosrae be appointed to manage the lease of a land parcel located in Kosrae, so that negotiations, collection and distribution of the lease payments can easily take place in Kosrae, where most of the heirs live; and so that the trustee be able to quickly respond to any issues or problems which may arise during the lease, including seeking court assistance. In re Estate of Melander, 12 FSM Intrm. 82, 83 (Kos. S. Ct. Tr. 2003).

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COURT’S OPINION

YOSIWO P. GEORGE, Chief Justice:

On June 16, 2003, Petitioner filed a Verified Petition for Appointment of Trustee for the Estate of Tedrick Melander,. Petitioner specifically requests appointment as trustee for parcel 002-U-16, also

[12 FSM Intrm. 83]

called Inpuspusa, which is located in Utwe Municipality, Kosrae State. The purpose of appointment of trustee is to conduct negotiations for the lease of parcel 002-U-16, and to collect and distribute the lease payments to the Heirs of Tedrick Melander.

The Heirs of Tedrick Melander consist of ten children, namely: Melander Melander, Bernard Melander, Tedson Melander, Robert Melander, Debrum Melander, Judy L. Talley, Senyorita Melander, Sepe Robar and Scott Melander. A notarized, written consent for the appointment of Petitioner Lelean W. Wakuk was received from each of the heirs of Tedrick Melander, except for Melander Melander. Melander Melander filed an objection to the Petitioner’s Petition, based upon his status as the eldest son of the Deceased.