B-140653, OCT. 2, 1959

B-140653: Oct 2, 1959

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WAS INDEBTED TO THE WELFARE BOARD FOR NURSING CARE FURNISHED HER. YOU SAY THAT YOU ARE NOT CLAIMING ON THE BASIS OF HAVING PAID THE FUNERAL EXPENSES OF LYDIA L. THAT THE PAYEE WAS A PATIENT IN THE DAVIS NURSING HOME. THE FOLLOWING PROVISION IS CONTAINED IN THE LAWS OF NEW JERSEY AT N.J.S. A:24-2: "CERTAIN CLAIMS PREFERRED: THE FOLLOWING EXPENSES AND DEBTS SHALL HAVE PREFERENCE AND BE PAID OUT OF THE PERSONAL AND REAL ESTATE OF THE DECEDENT. WHICH IS PARAMOUNT TO ANY OTHER TYPE CLAIM. THE FUNDS OF THE WELFARE BOARD WERE NOT INVOLVED IN THE PAYMENT OF THE FUNERAL EXPENSES. INDICATES THAT THE FUNERAL EXPENSES WERE PARTIALLY PAID FROM THE PERSONAL FUNDS OF THE SON OF THE DECEASED IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE INSTANT CHECK.

B-140653, OCT. 2, 1959

TO SALEM COUNTY WELFARE BOARD:

YOUR LETTER OF AUGUST 21, 1959, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF CANCELED SOCIAL SECURITY CHECK NO. 13,998,014, FOR $47.30, DRAWN JULY 3, 1959, TO THE ORDER OF LYDIA L. MOORE. THE PAYEE, WHO DIED ON JULY 3, 1959, WAS INDEBTED TO THE WELFARE BOARD FOR NURSING CARE FURNISHED HER.

YOU SAY THAT YOU ARE NOT CLAIMING ON THE BASIS OF HAVING PAID THE FUNERAL EXPENSES OF LYDIA L. MOORE, DECEASED, BUT THAT THE PAYEE WAS A PATIENT IN THE DAVIS NURSING HOME, SALEM, NEW JERSEY, AT THE TIME OF HER DEATH, AND THAT THE SALEM COUNTY WELFARE BOARD PAID ASSISTANCE TO HER FROM JULY 1, 1957, UNTIL THE DATE OF HER DEATH.

UNDER THE LAWS OF THE STATE OF NEW JERSEY, R.S.COM.SUPP. 44:5-19.1 (1955 -57) SUCH ASSISTANCE CREATES A LIEN AGAINST THE PROPERTY OF THE RECIPIENT IN FAVOR OF THE COUNTY FURNISHING THE ASSISTANCE. HOWEVER, THE FOLLOWING PROVISION IS CONTAINED IN THE LAWS OF NEW JERSEY AT N.J.S. A:24-2:

"CERTAIN CLAIMS PREFERRED: THE FOLLOWING EXPENSES AND DEBTS SHALL HAVE PREFERENCE AND BE PAID OUT OF THE PERSONAL AND REAL ESTATE OF THE DECEDENT, ACCORDING TO THE FOLLOWING ORDER:

"1. FUNERAL EXPENSES.'

THEREFORE, THE PAYER OF THE FUNERAL EXPENSES HAS A PREFERRED CLAIM AGAINST THE DECEDENT'S ESTATE, WHICH IS PARAMOUNT TO ANY OTHER TYPE CLAIM.

THE FUNDS OF THE WELFARE BOARD WERE NOT INVOLVED IN THE PAYMENT OF THE FUNERAL EXPENSES. THE RECORD, HOWEVER, INDICATES THAT THE FUNERAL EXPENSES WERE PARTIALLY PAID FROM THE PERSONAL FUNDS OF THE SON OF THE DECEASED IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE INSTANT CHECK.

SINCE, THE SON OF THE DECEASED, AS PAYEE OF PART OF THE FUNERAL EXPENSES, HAS A CLAIM SUPERIOR TO THAT OF THE WELFARE BOARD WHICH MAY BE FOR PAYMENT FROM THE PROCEEDS OF THE ABOVE-DESCRIBED CHECK, THE CLAIM OF THE SALEM COUNTY WELFARE BOARD FOR THE PROCEEDS OF THE SAID CHECK IS DISALLOWED.