B-140187, AUG. 17, 1959

B-140187, AUG. 17, 1959

TO DOUGHERTY, RYAN AND CAMPBELL, LAWYERS:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 19, 1959, WITH ENCLOSURES, CONCERNING THE CLAIM OF YOUR CLIENT, MRS. ANN L. MEHAFFEY FOR THE SUM OF $300 REPRESENTING THE AMOUNT OF A LOAN ALLEGED TO HAVE BEEN MADE BY HER TO THE LATE THINOS CHRISTENSON, AIRMAN SECOND CLASS, UNITED STATES AIR FORCE (RETIRED), WHO DIED IN WILMINGTON, NORTH CAROLINA, ON DECEMBER 22, 1958, WHILE ON FURLOUGH FROM THE UNITED STATES SOLDIERS' HOME, WASHINGTON 25, D.C.

IT APPEARS FROM THE RECORD THAT THE DECEDENT WAS NOT SURVIVED BY ANY KNOWN HEIRS AND THAT THERE IS DUE HIS ESTATE THE SUM OF APPROXIMATELY $500 REPRESENTING SAVINGS DEPOSITED BY HIM WITH THE UNITED STATES SOLDIERS' HOME AND ARREARS OF RETIRED PAY. BY LETTER DATED JUNE 8, 1959, OUR CLAIMS DIVISION ADVISED YOU THAT THE AMOUNT DUE MAY BE ALLOWED ONLY TO A LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEDENT. IN THE LETTER OF JUNE 19, 1959, YOU ASK WHETHER THERE IS ANY PROCEDURE WHEREBY THE CLAIM OF YOUR CLIENT MAY BE PAID WITHOUT ADMINISTRATION OF THE DECEDENT'S ESTATE.

THE SETTLEMENT OF ACCOUNTS OF DECEASED MEMBERS OF THE ARMED FORCES, INCLUDING RETIRED PERSONNEL, WHO DIED AFTER DECEMBER 31, 1955, IS GOVERNED BY 10 U.S.C. 2771 AS AMENDED BY SECTION 1 (56) OF THE ACT OF SEPTEMBER 2, 1958, 72 STAT. 1461. THAT SECTION OF LAW PROVIDES THAT IF THERE BE NO DESIGNATED BENEFICIARY, SPOUSE, CHILDREN OR THEIR DESCENDANTS, OR PARENT, TO RECEIVE THE AMOUNT DUE THE DECEASED MEMBER, PAYMENT SHALL BE MADE TO THE LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEDENT, OR, IF THERE BE NONE, TO THE PERSON ENTITLED UNDER THE LAW OF THE DOMICILE OF THE DECEASED MEMBER. IN THE SETTLEMENT OF DECEDENTS' ACCOUNTS UNDER THE FOREGOING PROVISIONS, IT HAS BEEN THE PRACTICE OF THIS OFFICE, WHERE CLAIMS ARE PRESENTED BY GENERAL CREDITORS OF THE ESTATE AND NO CLAIM HAS BEEN PRESENTED BY A DESIGNATED BENEFICIARY OR PREFERRED HEIR AS SPECIFIED IN THE STATUTE, TO ALLOW THE AMOUNT DUE ONLY UPON RECEIPT OF A CLAIM FROM A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE IN ORDER THAT SUCH AMOUNT MAY BE DISTRIBUTED UNDER THE SUPERVISION OF THE PROBATE COURT IN ACCORDANCE WITH THE APPLICABLE STATE LAW. ALSO, THE CLAIM OF A LEGAL REPRESENTATIVE FOR AN AMOUNT DUE THE ESTATE OF A DECEASED MEMBER OF THE ARMED FORCES MAY BE ALLOWED ONLY UPON A SHOWING THAT THERE ARE SURVIVING HEIRS OF THE DECEDENT OR CLAIMS OF CREDITORS THAT HAVE BEEN ALLOWED BY THE PROBATE COURT, THE RULE BEING THAT A CLAIM OF A LEGAL REPRESENTATIVE WILL NOT BE ALLOWED WHERE THE SOLE RESULT WOULD BE AN ESCHEAT TO THE STATE.

ACCORDINGLY, PAYMENT OF THE AMOUNT CLAIMED MAY BE MADE ONLY TO A DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE, THAT IS, AN EXECUTOR OR ADMINISTRATOR, DULY APPOINTED BY A COURT OF COMPETENT JURISDICTION OF HIS LAST DOMICILE, ACCOMPANIED BY AN ORDER OF THE PROBATE COURT ALLOWING THE CLAIM OF YOUR CLIENT.