B-113031, JUL 6, 1960

B-113031, JUL 6, 1960

TO MR. HAROLD WAXMAN:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 23, 1960, WHEREIN YOU HAD ACKNOWLEDGED RECEIPT OF OFFICE LETTER DATED JANUARY 29, 1960, AND HAVE MADE FURTHER INQUIRY ON BEHALF OF MRS. MARY V. M. ROOT, 932 PASEO, KANSAS CITY, MISSOURI, IN CONNECTION WITH HER CLAIM FOR THE ONE-HALF BALANCE OF PAY DUE THE ESTATE OF HER LATE SON, BENJAMIN F. JORDAN,AS OF APRIL 22, 1952, THE DATE OF THE RECEIPT OF EVIDENCE OF HIS DEATH AS PRIVATE, FIRST CLASS, UNITED STATES ARMY, SERVICE NO. RA 17 235 722.

IN THE ABOVE-MENTIONED OFFICE LETTER, WE INFORMED YOU THAT IN THE ABSENCE OF A SHOWING THAT THE DECEDENT'S FATHER, JOSEPH EDWARD JORDAN, IS DEAD, RECOGNITION WILL BE GIVEN TO A CLAIM FROM A DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE, OTHERWISE THE BALANCE DUE WILL BE RESERVED PENDING RECEIPT OF A CLAIM FROM THE DECEDENT'S FATHER. YOU NOW STATE THAT THE MISSOURI LAW DOES NOT PERMIT ADMINISTRATION UPON THE ESTATES OF PERSONS DECEASED OVER 10 YEARS BUT DOES PERMIT AN ACTION TO DETERMINE HEIRSHIP. ACCORDINGLY, YOU HAVE REQUESTED ADVICE WHETHER, PURSUANT TO SUCH PROCEEDINGS, THIS OFFICE WOULD ALLOW FOR PAYMENT TO MRS. ROOT THE REMAINING ONE-HALF BALANCE.

YOUR ATTENTION IS AGAIN INVITED TO OUR RULES OF PRACTICE (4 CFR 1.1 AND 1.8), PROMULGATED PURSUANT TO THE PROVISIONS OF 31 U.S.C. 52 (F), WHICH REQUIRE THAT BEFORE AN ATTORNEY OR AGENT MAY BE RECOGNIZED BY THE GENERAL ACCOUNTING OFFICE IN THE PROSECUTION OF A CLAIM AGAINST THE UNITED STATES, A PROPER POWER OF ATTORNEY MUST BE FILED. HOWEVER, IN THE INTEREST OF MRS. MARY V. M. ROOT, WE WILL ANSWER YOUR SPECIFIC INQUIRY. SECTION 473.070 OF VERNON'S ANNOTATED MISSOURI STATUTES PROVIDES THAT NO ADMINISTRATION SHALL BE GRANTED ON A DECEDENT'S ESTATE UNLESS APPLICATION THEREFOR IS MADE TO THE COURT WITHIN 5 YEARS FROM THE DEATH OF THE DECEDENT AND SECTION 473.663 OF SUCH STATUTES PROVIDES FOR A DETERMINATION OF HEIRSHIP, UPON PROPER APPLICATION, WHEN NO ADMINISTRATION HAS BEEN COMMENCED ON A DECEDENT'S ESTATE WITHIN 5 YEARS AFTER HIS DEATH.

IF MRS. ROSE SUBMITS, BY LETTER BEARING HER SIGNATURE AND CURRENT ADDRESS, A CERTIFIED COPY OF A PROBATE COURT DECREE ENTERED IN A DETERMINATION OF HEIRSHIP PROCEEDING UPON THE ESTATE OF BENJAMIN F. JORDAN SHOWING, AMONG OTHER THINGS, THAT JOSEPH EDWARD JORDAN, THE DECEDENT'S FATHER, IS DECEASED, OR A DETERMINATION BY A COURT OF COMPETENT JURISDICTION THAT HE IS PRESUMED TO BE DECEASED, FURTHER CONSIDERATION WILL BE GIVEN TO HER CLAIM.