B-133418, SEP. 9, 1957

B-133418: Sep 9, 1957

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WHICH WAS REFERRED HERE. THE APPLICATION EXECUTED BY YOU SHOWS THE DECEDENT WAS A RESIDENT OF THE STATE OF IOWA. THAT NO EXECUTOR OR ADMINISTRATOR OF HIS ESTATE HAS BEEN OR WILL BE APPOINTED. THE AMOUNT OF SUCH CHECK ACCORDINGLY IS FOR DISPOSITION UNDER THE LAWS OF IOWA REGARDLESS OF ADVICE WHICH YOU MAY HAVE BEEN FURNISHED OTHERWISE. WE ARE QUITE WILLING TO PAY THE AMOUNT TO THE PERSON ENTITLED THERETO UNDER THE LAWS OF IOWA. CLAIMS OF CREDITORS ARE FOR SATISFACTION PRIOR TO ANY DISTRIBUTION TO HEIRS AND REASONABLE FUNERAL EXPENSES CONSTITUTE A PREFERRED CREDITOR'S CLAIM. INFORMATION FURNISHED BY YOU SHOWS THAT SUCH EXPENSES WERE PAID BY YOUR SON. UPON RECEIPT FROM HIM OF A RECEIPTED FUNERAL BILL AS EVIDENCE THAT SUCH EXPENSES HAVE FULLY BEEN SATISFIED AND A STATEMENT OVER HIS SIGNATURE MAKING CLAIM FOR THE AMOUNT OF THE CHECK.

B-133418, SEP. 9, 1957

TO MRS. MYRTLE A. HARTLEY:

YOUR LETTER OF JUNE 18, 1957, ADDRESSED TO MR. EARL T. JOHNSON SOCIAL SECURITY ADMINISTRATION, WATERLOO, IOWA, WHICH WAS REFERRED HERE, PROTESTS THE DISALLOWANCE OF YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 78,659,479, FOR $53.40 DRAWN TO THE ORDER OF WILLIAM H. HARTLEY, YOUR LATE HUSBAND, IN PAYMENT OF A SOCIAL SECURITY BENEFIT FOR THE MONTH PRECEDING THE MONTH IN WHICH HE DIED.

THE PROCEEDS OF THE CHECK REPRESENT AN ASSET OF THE ESTATE OF YOUR LATE HUSBAND. BEERS V. FEDERAL SECURITY ADMINISTRATOR, ET AL., 172 F.2D 34. THE APPLICATION EXECUTED BY YOU SHOWS THE DECEDENT WAS A RESIDENT OF THE STATE OF IOWA, AND THAT NO EXECUTOR OR ADMINISTRATOR OF HIS ESTATE HAS BEEN OR WILL BE APPOINTED. THE AMOUNT OF SUCH CHECK ACCORDINGLY IS FOR DISPOSITION UNDER THE LAWS OF IOWA REGARDLESS OF ADVICE WHICH YOU MAY HAVE BEEN FURNISHED OTHERWISE. HOWEVER, WE ARE QUITE WILLING TO PAY THE AMOUNT TO THE PERSON ENTITLED THERETO UNDER THE LAWS OF IOWA.

UNDER THE LAWS OF THAT STATE, CLAIMS OF CREDITORS ARE FOR SATISFACTION PRIOR TO ANY DISTRIBUTION TO HEIRS AND REASONABLE FUNERAL EXPENSES CONSTITUTE A PREFERRED CREDITOR'S CLAIM. INFORMATION FURNISHED BY YOU SHOWS THAT SUCH EXPENSES WERE PAID BY YOUR SON, JEOFFREY, AND HE WOULD ACCORDINGLY APPEAR TO BE ENTITLED TO PAYMENT OF THE PROCEEDS OF THE CHECK IN PREFERENCE TO YOU. UPON RECEIPT FROM HIM OF A RECEIPTED FUNERAL BILL AS EVIDENCE THAT SUCH EXPENSES HAVE FULLY BEEN SATISFIED AND A STATEMENT OVER HIS SIGNATURE MAKING CLAIM FOR THE AMOUNT OF THE CHECK, ITS AMOUNT COULD BE RELEASED TO HIM.

SHOULD JEOFFREY NOT WISH TO MAKE CLAIM FOR THE PROCEEDS OF THE CHECK, FURTHER CONSIDERATION WILL BE GIVEN TO YOUR CLAIM ON RECEIPT HERE OF A STATEMENT TO THAT EFFECT SIGNED BY HIM CONSENTING TO PAYMENT OF THE PROCEEDS OF THE CHECK TO YOU, ACCOMPANIED BY A RECEIPTED FUNERAL BILL ESTABLISHING THAT THE FUNERAL EXPENSES HAVE BEEN PAID.

WE TRUST THAT WHAT IS SAID ABOVE WILL CLARIFY THE REASONS FOR THE DISALLOWANCE OF YOUR CLAIM ON THE RECORD NOW BEFORE US AND EXPLAIN THE EVIDENCE REQUIRED BEFORE THE AMOUNT OF THE CHECK MAY BE RELEASED. HOWEVER, ON THE EVIDENCE NOW AVAILABLE, THE ACTION TAKEN IN DISALLOWING YOUR CLAIM APPEARS TO HAVE BEEN PROPER AND IS SUSTAINED.