B-125264, OCT. 12, 1955
Highlights
GENEVIEVE DOLAN OLIGER: REFERENCE IS MADE TO YOUR LETTER OF JULY 23. YOU ALSO INQUIRE WHY THOMAS MCGUIRE WAS PAID. THE AMOUNT DUE THE DECEDENT'S ESTATE FOR UNPAID COMPENSATION DUE AT THE DATE OF HIS DEATH WHEN IT IS YOUR UNDERSTANDING THAT THE FUNERAL EXPENSES WERE PAID FROM THE ESTATE OF THE DECEDENT. THERE WERE AMPLE FUNDS IN THE RETIREMENT FUND TO PAY HIS FUNERAL EXPENSES. ANY CLAIM YOU MAY HAVE FOR WAR RISK INSURANCE SHOULD BE ADDRESSED TO THE ADMINISTRATOR OF VETERANS' AFFAIRS. AS SUCH MATTERS ARE UNDER HIS EXCLUSIVE JURISDICTION. REGARDING THE UNPAID COMPENSATION DUE YOUR UNCLE AT THE TIME OF HIS DEATH YOU WERE ADVISED IN OUR SETTLEMENT OF JULY 18. THAT IT WAS DISTRIBUTED PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 3.
B-125264, OCT. 12, 1955
TO MRS. GENEVIEVE DOLAN OLIGER:
REFERENCE IS MADE TO YOUR LETTER OF JULY 23, 1955, RELATIVE TO A WAR RISK INSURANCE POLICY TAKEN OUT BY YOUR LATE UNCLE, EDWARD MAGUIRE. YOU ALSO INQUIRE WHY THOMAS MCGUIRE WAS PAID, AS PAYER OF PART OF THE FUNERAL EXPENSES OF EDWARD MAGUIRE, THE AMOUNT DUE THE DECEDENT'S ESTATE FOR UNPAID COMPENSATION DUE AT THE DATE OF HIS DEATH WHEN IT IS YOUR UNDERSTANDING THAT THE FUNERAL EXPENSES WERE PAID FROM THE ESTATE OF THE DECEDENT, AND THERE WERE AMPLE FUNDS IN THE RETIREMENT FUND TO PAY HIS FUNERAL EXPENSES.
ANY CLAIM YOU MAY HAVE FOR WAR RISK INSURANCE SHOULD BE ADDRESSED TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, VETERANS ADMINISTRATION, WASHINGTON 25, D.C., AS SUCH MATTERS ARE UNDER HIS EXCLUSIVE JURISDICTION.
REGARDING THE UNPAID COMPENSATION DUE YOUR UNCLE AT THE TIME OF HIS DEATH YOU WERE ADVISED IN OUR SETTLEMENT OF JULY 18, 1955, THAT IT WAS DISTRIBUTED PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 3, 1950, 64 STAT. 395. SINCE THE DECEDENT DID NOT DESIGNATE A BENEFICIARY AND WAS NOT SURVIVED BY A WIDOW, CHILD OR CHILDREN, GRANDCHILDREN OR PARENTS AND NO LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEDENT HAD BEEN APPOINTED, THE AMOUNT FOUND DUE WAS DISTRIBUTED UNDER THE LAWS OF THE DOMICILE OF THE DECEASED EMPLOYEE. UNDER THE LAWS OF THE STATE OF ILLINOIS, THE DOMICILE OF THE DECEDENT AT THE DATE OF HIS DEATH, FUNERAL EXPENSES CONSTITUTED A PREFERRED CLAIM AGAINST HIS ESTATE. THERE IS NOTHING IN THE RECORDS OF OUR OFFICE TO INDICATE THAT THE FUNERAL EXPENSES WERE PAID FROM THE ESTATE AS ALLEGED BY YOU. HOWEVER, THERE IS ON FILE IN OUR OFFICE A RECEIPTED BILL FROM THE MCCAMPBELL MORTUARY, INC., 6453 IRVING PARK ROAD, CHICAGO, ILLINOIS, DATED APRIL 3, 1954, SHOWING THE TOTAL COST OF THE FUNERAL OF EDWARD MAGUIRE AS $546.70, OF WHICH THE VETERANS ADMINISTRATION PAID $150, THE BALANCE $396.70 BEING PAID BY THOMAS J. MCGUIRE.
REGARDING YOUR REFERENCE TO THE RETIREMENT FUND YOU APPARENTLY HAVE REFERENCE TO AMOUNTS WHICH WERE DEDUCTED FROM THE DECEDENT'S COMPENSATION FOR HIS RETIREMENT WHILE EMPLOYED BY THE UNITED STATES POST OFFICE DEPARTMENT. YOU ARE ADVISED THAT ANY REQUEST FOR INFORMATION AS TO THAT FUND WOULD BE FOR CONSIDERATION BY THE UNITED STATES CIVIL SERVICE COMMISSION, RETIREMENT DIVISION, WASHINGTON 25, D.C., RATHER THAN OUR OFFICE.