A-38340, SEPTEMBER 4, 1931, 11 COMP. GEN. 104

A-38340: Sep 4, 1931

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ESTATES OF - ESCHEAT - CIVIL SERVICE RETIREMENT FUND WHERE THERE ARE TO THE CREDIT OF THE ESTATE OF A DECEASED EMPLOYEE OF THE GOVERNMENT OTHER ASSETS WHICH REQUIRE ADMINISTRATION. ALTHOUGH THERE ARE NO HEIRS SHOWN TO HAVE SURVIVED THE DECEDENT AND THERE MIGHT RESULT AN ESCHEAT OF A PORTION OF THE ESTATE TO THE STATE IN WHICH THE EMPLOYEE WAS DOMICILED. 1931: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF AUGUST 27. THE RULE FOLLOWED BY THE ACCOUNTING OFFICERS OF THE UNITED STATES HAS BEEN UNIFORM THAT WHERE THE CLAIM AGAINST THE UNITED STATES IS THE SOLE ASSET THERE MUST BE A SHOWING OF HEIRS. THAT SUCH PAYMENT WILL NOT BE ALLOWED WHERE THE SOLE RESULT WOULD BE AN ESCHEAT TO THE STATE. THERE ARE.

A-38340, SEPTEMBER 4, 1931, 11 COMP. GEN. 104

DECEDENTS, ESTATES OF - ESCHEAT - CIVIL SERVICE RETIREMENT FUND WHERE THERE ARE TO THE CREDIT OF THE ESTATE OF A DECEASED EMPLOYEE OF THE GOVERNMENT OTHER ASSETS WHICH REQUIRE ADMINISTRATION, THE AMOUNT TO THE CREDIT OF THE DECEDENT IN THE CIVIL RETIREMENT FUND MAY BE PAID TO THE DULY QUALIFIED REPRESENTATIVE OF THE ESTATE, ALTHOUGH THERE ARE NO HEIRS SHOWN TO HAVE SURVIVED THE DECEDENT AND THERE MIGHT RESULT AN ESCHEAT OF A PORTION OF THE ESTATE TO THE STATE IN WHICH THE EMPLOYEE WAS DOMICILED.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, SEPTEMBER 4, 1931:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF AUGUST 27, 1931, FORWARDING THE RECORD OF THE CLAIM, R-0020127, OF ELDRED MCKINNON, AS ADMINISTRATOR OF THE ESTATE OF PERCIVAL H. EVERETT, DECEASED, FORMER EMPLOYEE OF THE BUREAU OF PUBLIC ROADS, DEPARTMENT OF AGRICULTURE, FOR THE AMOUNT TO THE CREDIT OF THE DECEDENT IN THE CIVIL SERVICE RETIREMENT FUND. YOU REQUEST TO BE INFORMED WHETHER PAYMENT MAY BE MADE TO SUCH ADMINISTRATOR IN VIEW OF THE FACT THAT IT HAS NOT BEEN ESTABLISHED THAT DECEDENT LEFT SURVIVING HIM ANY HEIR OR HEIRS; THAT THE TOTAL ASSETS OF THE ESTATE, INCLUDING THE AMOUNT DUE HIM FROM THE UNITED STATES, AGGREGATE $4,541.67; AND THAT THE PROVED CLAIMS AGAINST THE ESTATE AMOUNT TO $2,270.25, LEAVING AN AMOUNT OF $2,271.42 WHICH WOULD ESCHEAT TO THE STATE OF TEXAS.

THE RULE FOLLOWED BY THE ACCOUNTING OFFICERS OF THE UNITED STATES HAS BEEN UNIFORM THAT WHERE THE CLAIM AGAINST THE UNITED STATES IS THE SOLE ASSET THERE MUST BE A SHOWING OF HEIRS, CREDITORS, ETC., BEFORE PAYMENT OF THE CLAIM MAY BE ALLOWED, AND THAT SUCH PAYMENT WILL NOT BE ALLOWED WHERE THE SOLE RESULT WOULD BE AN ESCHEAT TO THE STATE. IN THE PRESENT CASE, HOWEVER, THERE ARE, IN ADDITION TO THE AMOUNT DUE FROM THE UNITED STATES, OTHER ASSETS OF THE DECEDENT WHICH REQUIRE ADMINISTRATION. IN A SIMILAR CASE IT WAS HELD IN DECISION OF JUNE 6, 1930, A-30716, THAT---

* * * WHERE A DECEDENT'S ESTATE SHOWS OTHER ASSETS THAN THE CLAIM AGAINST THE UNITED STATES, PAYMENT OF WHAT IS DUE FROM THE UNITED STATES MAY BE MADE TO AN EXECUTOR OR ADMINISTRATOR DULY APPOINTED AND QUALIFIED. * * *

ON THE FACTS PRESENTED IN YOUR SUBMISSION, PAYMENT TO THE ADMINISTRATOR OF THE ESTATE OF PERCIVAL H. EVERETT, DECEASED, OF THE AMOUNT TO HIS CREDIT IN THE RETIREMENT FUND IS AUTHORIZED.