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IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

DIVISION OF ST. THOMAS & ST. JOHN



IN THE MATTER OF THE ESTATE OF )

) PROBATE NO. ST-02-PB-113

ALAN J. OHARA, )

)

Deceased. )

)

MEMORANDUM OPINION



SUMMARY



Christina O’Hara, Executrix of the Estate of Alan J. O’Hara, (hereinafter

“Petitioner”), by and through her counsel Tom Bolt & Associates, P.C., filed three

motions as follows: Amended Motion for Citation, Motion to Inventory Safe Deposit

Box, and a Renewed Motion for Further Information Concerning Bank Accounts

and Safe Deposit Boxes, all in an effort to gain information surrounding the transfer

of funds from Alan J. O’Hara (hereinafter “Decedent”) to Michael O’Hara

(hereinafter “Respondent”) that took place before Decedent’s death. Petitioner

claims that Respondent misappropriated funds that belong to the Estate, and asks

the Court to grant her Motion and allow her access to Respondent’s records, bank

account information, and safety deposit box. The Court will deny Petitioner's

Motions.



FACTS



There is no dispute between the parties as to the following facts!: On August 27,

2002, decedent underwent surgery at Good Samaritan Hospital in Palm Beach,

Florida.?, His physician, Dr. Norberto Vasquez, declared decedent “mentally

incapacitated” and “unable to handle any health or financial affairs.” On or about

that same day, the sum of One Hundred Twenty Four Thousand Two Hundred

Sixty and 00/100 Dollars ($124,260.00) was transferred from several of decedent’s

accounts into a joint account with right of survivorship that decedent shared with

Respondent. The next day, August 28, 2002, Respondent flew to St. Thomas, U.S.

Virgin Islands and retrieved a safety deposit box held jointly between Decedent and

Respondent, Respondent then opened a deposit box in his own name and placed the

contents of the joint box into his personal deposit box.5 There is a dispute between

parties as to how much money Respondent took from the joint box, which varies



* Petitioner’s Affidavit (Mar. 17, 2005); Respondent’s Affidavit (Dec. 16, 2003).

? Paragraph 5 of Petitioner's Affidavit.



* Amended Motion for Citation, Exhibit G.



* Paragraph 6 of Petitioner’s Affidavit; Paragraph 5 of Respondent’s Affidavit .

* Paragraph 9-10 of Petitioner’s Affidavit.

Estate of Alan J. O’Hara



ST-02-PB-113

Memorandum Opinion

Page 2



between Twelve Thousand and 00/100 Dollars ($12,000.00) and Thirty Thousand

and 00/100 Dollars ($30,000.00).6 Decedent was discharged from the hospital on

August 30, 2002.7



DISCUSSION



This Court has jurisdiction over the administration of estates pursuant to 15 V.I.C.

§ 161, which provides:



In addition to the jurisdiction and powers conferred upon it by other provisions of law, the

district court has jurisdiction and the power to administer justice in all matters relating to

the affairs of decedents, and, upon the return of any process, to try and determine all

questions, legal or equitable, arising between any party and any other person having any

claim or interest therein who voluntarily appears in such proceeding, or is brought in by

citation, as to any and all matters necessary to be determined in order to make a full,

equitable, and complete disposition of the matter by such order or decree as justice requires;

and, in the cases and in the manner prescribed by law, and in addition to and without

limitation or restriction on the foregoing powers, to —

(1) take proof of wills;

(2) grant and revoke letters testamentary, and of administration;

(3) direct and control the conduct, and settle the accounts, of executors and

administrators;

(4) direct the payment of debts and legacies and the distribution of the estates of

intestates; and

(5) order the sale and disposal of the real and personal property of deceased

persons.8



Petitioner argues that this provision gives this Court the authority to issue a

citation to Respondent, a Florida resident and allow access into Respondent’s

personal accounts.



It is well established law that Probate Courts have limited jurisdiction.9 Indeed, the

District Court found that “In the Rules of the Probate Court ... only such matters as

pertain to the administration and settlement of estates of decedents are provided

for.”!0 This Court does not have jurisdiction to hear matters outside the scope of

administration and the settlement of estates.



The bank account and safety deposit box are not part of the probate estate because

they were not owned by decedent at the time of death. “The probate estate

comprises property owned by the decedent at the time of death and property



° Paragraph 9 of Petitioner's Affidavit.



” Paragraph 12 of Petitioner's Affidavit.



* See V.I. CODE ANN. tit. 15 § 161 (1996).



° In re Estate of Below, 3 V.1. 448, 456-457 (D.V.I. 1958).

1° Id. at 456.

Estate of Alan J. O’Hara

ST-02-PB-113

Memorandum Opinion

Page 3



acquired by the decedent's estate at or after the time of death.” BLACK’S LAW

DICTIONARY (9th ed. 2009) (emphasis added). The withdrawal of money from

accounts and the emptying of the deposit box all took place while decedent was still

alive. The property, as it exists now, is not probate property and is therefore outside

of the jurisdiction of this Court.



CONCLUSION



Even if the Respondent’s actions constitute tortious conduct or malfeasance

there is no indication that they occurred after the death of the Decedent. As a result

the Probate Court does not have jurisdiction over the assets or the authority to

compel citation or to otherwise grant Petitioner the relief she seeks. Therefore, the

Amended Motion for Citation, Motion to Inventory Safe Deposit Box, Motion for

Further Information Concerning Bank Accounts and Safe Deposit Boxes, and

Renewed Motion for Further Information Concerning Bank Accounts and Safe

Deposit Boxes are all denied.



DATED: January Led , 2013 LIAL Tiracliee



KATHLEEN MACKAY &

Judge of the Superior Court

of the Virgin Islands



ATTEST:

VENETIA H. VELAZQUEZ, ESQ.

Clerk of the Court



BY:



t Clerk Supervisor_/ /45 / 43