Supreme Court Affirms Dismissal of Lawsuit Stemming from Probate

Saipan, CNMI – On March 27, the Supreme Court affirmed the dismissal of the Bank of Saipan’s lawsuit against Jane Ohry. The Bank sought funds that Ohry received from the probate of the estate of her domestic partner, Macario E. Scaliem. The trial court dismissed the lawsuit on the basis that the Bank should have filed a claim during the probate of Scaliem’s estate, rather than waiting until after the probate had ended to sue Ohry for the funds she received.

Bank of Saipan appealed the dismissal, arguing that the probate code allows it to choose whether to file a claim in probate or to file a separate lawsuit. Additionally, the Bank argued that the trial court failed to honor a stipulation for judgment that Ohry had signed, agreeing to pay the Bank what it requested.

In its opinion, the Supreme Court held that, though the probate code may sometimes allow a separate lawsuit to be filed against a transferee in summary probate proceedings, the procedure for filing claims is mandatory unless the party can show why it should not have to file a probate claim—which the Bank did not do. The Supreme Court also found that Ohry was not a transferee according to the probate code, so she could not have been sued separately. If it wishes, Bank of Saipan may petition the probate court to hear its claim, but if so, the probate court would have to determine whether it has jurisdiction to reopen the probate that was finalized in 2022, and whether it has jurisdiction over the funds that were distributed to Ohry in 2022. Lastly, the Supreme Court held that because the case against Ohry was dismissed, the signed stipulation for judgment was moot and the trial court was correct to reject it.

The full opinion can be read on the Law Revision Commission website: https://www.cnmilaw.org/pdf/supreme/2025-MP-01.pdf

2025-PR-04

FOR IMMEDIATE RELEASE

MARCH 27, 2025

This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov