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B-144824, FEB. 24, 1961

B-144824 Feb 24, 1961
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IF THERE IS NO DESIGNATED BENEFICIARY OR SURVIVING SPOUSE THE CHILDREN OF THE DECEASED ARE. IS NOT ENTITLED TO PAYMENT UNLESS SUCH CHILD CAN INHERIT FROM ITS PARENT UNDER THE LAWS OF THE DOMICILE OF SUCH PARENT AT THE TIME OF HIS DEATH. A CHANGE OF DOMICILE IS DEPENDENT UPON THE INTENT OF THE INDIVIDUAL TO RESIDE PERMANENTLY IN A CERTAIN LOCATION. THERE IS NO EVIDENCE TO INDICATE THAT MR. THERE IS NO EVIDENCE BEFORE US TENDING TO SHOW THAT YOUR DAUGHTER'S ELIGIBILITY TO INHERIT UNDER THAT LAW HAS BEEN ESTABLISHED. SINCE ELEANORE GISELA DANNROTH IS NOT ENTITLED TO INHERIT FROM THE DECEASED UNDER THE LAWS OF THE DOMICILE OF THE DECEASED AT THE TIME OF HIS DEATH SHE IS NOT ENTITLED TO PAYMENT OF THE COMPENSATION DUE THE DECEASED AT THE TIME OF HIS DEATH.

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B-144824, FEB. 24, 1961

TO MRS. LIZA DANNROTH:

IN YOUR LETTER RECEIVED HERE ON DECEMBER 20, 1960, YOU REQUESTED CERTAIN INFORMATION REGARDING OUR SETTLEMENT OF NOVEMBER 16, 1960, WHICH DISALLOWED YOUR CLAIM AS GUARDIAN OF YOUR DAUGHTER, ELEANORE GISELA DANNROTH, THE ILLEGITIMATE DAUGHTER OF ERIC P. ALBERT, A FORMER EMPLOYEE OF THE UNITED STATES ARMY GENERAL DEPOT, KAISERSLAUTERN, GERMANY, FOR THE AMOUNT DUE MR. ALBERT AT THE TIME OF HIS DEATH.

THAT SETTLEMENT APPLIES TO THE AMOUNT DUE MR. ALBERT AS COMPENSATION, INCLUDING THE LUMP SUM PAYMENT FOR ANNUAL LEAVE UNUSED AT THE TIME OF HIS DEATH, UNDER THE ACT OF AUGUST 3, 1950, 64 STAT. 395, AS AMENDED, 5 U.S.C. 61F-K.

IF THERE IS NO DESIGNATED BENEFICIARY OR SURVIVING SPOUSE THE CHILDREN OF THE DECEASED ARE, UNDER THAT ACT, ENTITLED TO THE AMOUNT DUE. ILLEGITIMATE CHILD, HOWEVER, IS NOT ENTITLED TO PAYMENT UNLESS SUCH CHILD CAN INHERIT FROM ITS PARENT UNDER THE LAWS OF THE DOMICILE OF SUCH PARENT AT THE TIME OF HIS DEATH.

THE DOMICILE OF A GOVERNMENT EMPLOYEE DOES NOT USUALLY CHANGE BY REASON OF A CHANGE IN THE LOCATION OF HIS JOB. A CHANGE OF DOMICILE IS DEPENDENT UPON THE INTENT OF THE INDIVIDUAL TO RESIDE PERMANENTLY IN A CERTAIN LOCATION. SEE 28 CJS DOMICILE SEC. 12G (5). THERE IS NO EVIDENCE TO INDICATE THAT MR. ALBERT INTENDED HIS DOMICILE TO BE GERMANY. THEREFORE, THE LAWS OF MICHIGAN MUST BE APPLIED TO DETERMINE THE STATUS OF YOUR DAUGHTER.

UNDER THE LAWS OF MICHIGAN, AN ILLEGITIMATE CHILD CAN INHERIT FROM ITS FATHER IN TWO SITUATIONS, FIRST, IF THE PARENTS OF THE CHILD INTERMARRY AND SECOND, IF THE PARENTS OR IN SOME CASES THE FATHER ALONE, EXECUTE AN AFFIDAVIT ACKNOWLEDGING PATERNITY AND FILE SUCH AFFIDAVIT IN THE OFFICE OF THE PROBATE JUDGE IN THE PROPER COUNTY. COMPILED LAWS OF MICHIGAN SEC. 702.83, 702.93. THERE IS NO EVIDENCE BEFORE US TENDING TO SHOW THAT YOUR DAUGHTER'S ELIGIBILITY TO INHERIT UNDER THAT LAW HAS BEEN ESTABLISHED.

THEREFORE, SINCE ELEANORE GISELA DANNROTH IS NOT ENTITLED TO INHERIT FROM THE DECEASED UNDER THE LAWS OF THE DOMICILE OF THE DECEASED AT THE TIME OF HIS DEATH SHE IS NOT ENTITLED TO PAYMENT OF THE COMPENSATION DUE THE DECEASED AT THE TIME OF HIS DEATH.

THEREFORE, ON THE PRESENT RECORD, OUR SETTLEMENT OF NOVEMBER 16, 1960, DISALLOWING YOUR CLAIM IS SUSTAINED.

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