B-135357, MAR. 12, 1958

B-135357, MAR. 12, 1958

TO MRS. LOUISE BLUM:

ON JANUARY 23, 1958, MR. GEORGE W. SJOSTRAND, ATTORNEY AT LAW, WROTE TO THE GENERAL ACCOUNTING OFFICE CONCERNING YOUR CLAIM FOR THE UNPAID COMPENSATION OF YOUR SON, FRANK W. BLUM, WHO DIED ON APRIL 12, 1957, WHILE SERVING AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE IN JAPAN. YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT DATED SEPTEMBER 4, 1957, BECAUSE OUR RECORDS INDICATE THAT THE DECEDENT LEFT SURVIVING HIM A WIFE OR FORMER WIFE DIVORCED, VIRGINIA AILEEN BLUM AND A DAUGHTER, JUDYTH ANN BLUM WHO, UNDER THE APPLICABLE LAW, THE ACT OF AUGUST 3, 1950, 64 STAT. 395, APPEARED TO HAVE A PRIOR RIGHT TO THE COMPENSATION INVOLVED.

IN HIS LETTER MR. SJOSTRAND, IN EFFECT, ASKED WHETHER YOU WOULD BE THE PROPER CLAIMANT OF THE COMPENSATION IF IT WERE PROVEN THAT YOUR SON DIVORCED HIS WIFE AND THAT HIS CHILD WAS ADOPTED BY A SUBSEQUENT HUSBAND OF VIRGINIA AILEEN BLUM.

SUBSEQUENT TO WRITING OUR LETTER TO YOU OF SEPTEMBER 4, 1957, WE WERE ADVISED BY THE DEPARTMENT OF THE AIR FORCE THAT $2,396.41, CONTAINED IN A CHECKING ACCOUNT OF THE DECEASED IN THE OVERSEAS AREA WAS COLLECTED BY AIR FORCE PERSONNEL AND A TREASURY CHECK HAS BEEN ISSUED PAYABLE TO THE ESTATE OF YOUR SON TO COVER THE AMOUNT.

WE ARE UNABLE ON THE PRESENT RECORD CATEGORICALLY TO ANSWER THE QUESTION RAISED BY MR. SJOSTRAND. HOWEVER, THE EVIDENCE SUGGESTED BY HIM AS WELL AS INFORMATION AS TO THE STATE AND COUNTRY OF THE DOMICILE OF THE DECEDENT AT THE TIME OF HIS DEATH, MAY BE SIGNIFICANT TO THE PROPER DISPOSITION OF THE AMOUNTS DUE, IT BEING NOTED IN THIS CONNECTION THAT WHILE YOU STATED IN YOUR CLAIM THAT THE DECEDENT WAS A LEGAL RESIDENT OF JAPAN AT THE TIME OF HIS DEATH, MR SJOSTRAND INDICATES THE LAW OF CALIFORNIA MAY AFFECT THE MATTER.

ACCORDINGLY, IN ORDER THAT YOUR CLAIM FOR THE UNPAID SALARY AS WELL AS FOR THE SUM OF $2,396.41 MAY RECEIVE FURTHER CONSIDERATION, IT IS REQUESTED THAT WE BE FURNISHED ANY EVIDENCE (IN THE FORM OF LETTERS FROM THE DECEDENT OR OTHERWISE) WHICH MAY BE AVAILABLE AS TO HIS DOMICILE AT THE TIME OF HIS DEATH SUCH AS WHEN HE WENT TO JAPAN, WHY HE WAS THERE AT THE TIME OF HIS DEATH, WHETHER HE INTENDED MAKING THAT COUNTRY HIS PERMANENT PLACE OF ABODE AND IF NOT WHERE HE PREVIOUSLY RESIDED PRIOR TO GOING TO JAPAN, AND WHERE HE INTENDED PERMANENTLY TO MAKE HIS HOME ON HIS RETURN FROM ABROAD. IN ADDITION, THERE SHOULD BE FORWARDED EVIDENCE ESTABLISHING WHETHER THE DECEDENT PROPERLY WAS SERVED OR APPEARED IN THE DIVORCE ACTION AND ADOPTION PROCEEDINGS AS WELL AS CERTIFIED COPIES OF THE FINAL DECREES ISSUED IN SUCH PROCEEDINGS.

A RECEIPTED ITEMIZED BILL SHOWING THAT THE FUNERAL EXPENSES OF THE DECEDENT HAVE FULLY BEEN SATISFIED SHOULD ALSO BE PROVIDED AS WELL AS INFORMATION AS TO WHOSE FUNDS WERE USED IN MAKING SUCH PAYMENT. IF THE PROCEEDS OF INSURANCE WERE USED, THE NAME OF THE BENEFICIARY OF THE INSURANCE POLICY SHOULD BE STATED. IN THE EVENT THAT THERE HAS BEEN FORMAL ADMINISTRATION OF THE DECEDENT'S ESTATE, A SHORT FORM CERTIFICATE SHOWING THE APPOINTMENT OF AN ADMINISTRATOR OR EXECUTOR SHOULD ALSO BE FURNISHED AND IF MR. SJOSTRAND IS TO REPRESENT YOU FURTHER IN THE MATTER, A POWER OF ATTORNEY OVER YOUR SIGNATURE AUTHORIZING HIM TO SO ACT SHOULD BE FORWARDED.

THE INFORMATION AND EVIDENCE OUTLINED ABOVE AND ANY FURTHER CORRESPONDENCE IN THE MATTER SHOULD BE ADDRESSED TO THE CLAIMS DIVISION GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., REFERRING TO CLAIM NO. Z- 1844045.