B-161424, SEP. 18, 1967
Highlights
SINCE UNDER PUBLIC LAW 85-255 DISTRIBUTION OF PAYMENT IS SPECIFICALLY PRESCRIBED. CALIFORNIA PROBATE CODE WILL NOT MEET THE REQUIREMENT FOR THE APPOINTMENT OF A LEGAL REPRESENTATIVE THROUGH FORMAL PROBATE PROCEEDINGS. BRAZELTON: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 24. AS YOU HAVE BEEN PREVIOUSLY ADVISED. THE PROVISIONS OF PUBLIC LAW 85-255 ARE EXPLICIT AND PERMIT NO LATITUDE BY OUR OFFICE WITH REGARD TO THE RECOGNITION OF AN APPLICATION BY ANYONE OTHER THAN THOSE SPECIFICALLY ENUMERATED IN THAT ACT. YOU ARE ADVISED THAT THE FILING OF AN AFFIDAVIT BY YOUR CLIENT UNDER SECTION 630 WOULD FURNISH NO BASIS FOR A PAYMENT TO HIM UNDER PUBLIC LAW 85-255.
B-161424, SEP. 18, 1967
ARMED SERVICES - ECONOMY ACT - LOSS PAYMENT DECISION CONCERNING PAYMENT OF ECONOMY ACT LOSS UNDER PUBLIC LAW 85 255 TO SON OF DECEASED OFFICER ON BASIS OF DECLARATION UNDER INFORMAL PROBATE PROCEEDINGS. SINCE UNDER PUBLIC LAW 85-255 DISTRIBUTION OF PAYMENT IS SPECIFICALLY PRESCRIBED, AN AFFIDAVIT UNDER SEC. 630, CALIFORNIA PROBATE CODE WILL NOT MEET THE REQUIREMENT FOR THE APPOINTMENT OF A LEGAL REPRESENTATIVE THROUGH FORMAL PROBATE PROCEEDINGS. THEREFORE, PAYMENT MAY NOT BE AUTHORIZED.
TO OSBORNE T. BRAZELTON:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 24, 1967, CONCERNING THE CLAIM OF MICHAEL MARIX UNDER PUB. L. 85-255, 71 STAT. 575, FOR BACK PAY AND ALLOWANCES WITHHELD FROM HIS DECEASED FATHER, GEORGE E. MARIX, AS A RESULT OF THE ENACTMENT OF THE ECONOMY ACT OF 1932, AS AMENDED.
YOU NOW INQUIRE WHETHER A DECLARATION UNDER SECTION 630 OF THE CALIFORNIA PROBATE CODE WOULD BE ACCEPTABLE TO THIS OFFICE IN LIEU OF THE APPOINTMENT OF YOUR CLIENT AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF GEORGE E. MARIX THROUGH FORMAL PROBATE PROCEEDINGS.
AS YOU HAVE BEEN PREVIOUSLY ADVISED, THE PROVISIONS OF PUBLIC LAW 85-255 ARE EXPLICIT AND PERMIT NO LATITUDE BY OUR OFFICE WITH REGARD TO THE RECOGNITION OF AN APPLICATION BY ANYONE OTHER THAN THOSE SPECIFICALLY ENUMERATED IN THAT ACT. WHILE SECTION 630 OF THE CALIFORNIA PROBATE CODE CALLS FOR SUMMARY DISPOSITION OF DECENDENTS' ESTATES UPON THE FILING OF AN AFFIDAVIT BY A LEGAL HEIR SHOWING THE RIGHT IN THE AFFIANT TO SUCCEED TO A DECEDENT'S PROPERTY IN THE CIRCUMSTANCES THERE PRESCRIBED, SUCH PROVISIONS DO NOT IN ANY WAY AFFECT THE REQUIREMENTS IMPOSED BY PUBLIC LAW 85-255.
ACCORDINGLY, YOU ARE ADVISED THAT THE FILING OF AN AFFIDAVIT BY YOUR CLIENT UNDER SECTION 630 WOULD FURNISH NO BASIS FOR A PAYMENT TO HIM UNDER PUBLIC LAW 85-255.