Possession Pending Inventory: Discretion to Set Apart

Property Exempt From Execution; Mandatory Setting Apart of Homestead Property Previously Selected by Spouses. The decedent's surviving spouse and minor children are entitled to remain in possession of the homestead, the wearing apparel of the family, the household furniture, and other property of the decedent exempt from execution, until the inventory is filed in the Superior Court. Thereupon, or at any subsequent time during the administration, the Superior Court of Guam, on petition therefor, may in its discretion set apart to the surviving spouse, or, in case of the surviving spouse's death, to the minor child or children of the decedent, all or any part of the property of the decedent exempt from execution, and must set apart to such spouse or to such minor child or children the homestead selected, designated and recorded, if such homestead was selected from the community property, or from property to which Section 1101 of this COL120106 CH. 24 SUPPORT OF FAMILY: HOMESTEAD AND EXEMPT PROPERTY, FAMILY ALLOWANCE Title is applicable, or from the separate property of the person selecting or joining in the selection of the same.