B-142782, MAY 23, 1960

B-142782: May 23, 1960

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THE RECORD SHOWS THAT THE CHECK IN QUESTION WAS ISSUED TO MR. WAS NOT RECEIVED BY HIM PRIOR TO HIS DEATH ON MARCH 6. THE RULE FOR APPLICATION IN SUCH CASES IS THAT THE PROCEEDS OF THE CHECK ARE FOR DISPOSITION. COSTA WAS THE STATE OF WASHINGTON. OUR OFFICE WILL NOT UNDERTAKE TO PAY CLAIMS FOR EXPENSES OF THE DECEDENT'S LAST ILLNESS. THE ACCOUNTING OFFICERS WILL NOT UNDERTAKE TO DISTRIBUTE THE AMOUNT DUE FROM THE UNITED STATES. WILL AUTHORIZE PAYMENT ONLY TO A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE. THAT IS. TO AN EXECUTOR OR ADMINISTRATOR APPOINTED BY A PROPER COURT OF THE JURISDICTION WHERE DECEDENT WAS DOMICILED AT THE TIME OF DEATH. WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.

B-142782, MAY 23, 1960

TO MRS. MARIE C. JONASON:

YOUR LETTER OF APRIL 20, 1960, REQUESTS REVIEW OF OUR SETTLEMENT DATED APRIL 13, 1960, WHICH DISALLOWED YOUR CLAIM, AS FIANCEE, FOR THE PROCEEDS OF SOCIAL SECURITY CHECK NO. 26,170,770, DATED MARCH 3, 1960, IN THE AMOUNT OF $116, DRAWN TO THE ORDER OF LUIGI COSTA, NOW DECEASED.

THE RECORD SHOWS THAT THE CHECK IN QUESTION WAS ISSUED TO MR. COSTA, BUT WAS NOT RECEIVED BY HIM PRIOR TO HIS DEATH ON MARCH 6, 1960. SO FAR AS MATERIAL HERE, THE RULE FOR APPLICATION IN SUCH CASES IS THAT THE PROCEEDS OF THE CHECK ARE FOR DISPOSITION, AS PART OF THE DECEDENT'S ESTATE, IN ACCORDANCE WITH THE LAWS OF THE DOMICILE OF THE DECEDENT. SEE BEERS V. FEDERAL SECURITY ADMINISTRATOR, ET AL., 172 F.2D 34. THE RECORD SHOWS THAT THE DOMICILE OF MR. COSTA WAS THE STATE OF WASHINGTON.

FUNERAL EXPENSES AND EXPENSES OF THE LAST SICKNESS CONSTITUTE PREFERRED CLAIMS UNDER THE LAWS OF THE STATE OF WASHINGTON. THE RECORD INDICATES THAT THE STATE PAID THE FUNERAL EXPENSES OF THE DECEDENT.

TITLE 11, CHAPTER 76, SECTION 110 OF THE REVISED CODE OF WASHINGTON PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"THE DEBTS OF THE ESTATE SHALL BE PAID IN THE FOLLOWING ORDER:

"/2) EXPENSES OF THE LAST SICKNESS, IN SUCH AMOUNT AS THE COURT SHALL ORDER.'

IN VIEW OF THE ABOVE-QUOTED STATUTE, OUR OFFICE WILL NOT UNDERTAKE TO PAY CLAIMS FOR EXPENSES OF THE DECEDENT'S LAST ILLNESS, FROM AMOUNTS DUE THE DECEDENT'S ESTATE FROM THE UNITED STATES, IN THE ABSENCE OF A COURT ORDER. ALSO, WHERE GENERAL CREDITORS PRESENT ACCOUNTS SHOWING INDEBTEDNESS BY DECEDENT TO THEM, THE ACCOUNTING OFFICERS WILL NOT UNDERTAKE TO DISTRIBUTE THE AMOUNT DUE FROM THE UNITED STATES, BUT WILL AUTHORIZE PAYMENT ONLY TO A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, THAT IS, TO AN EXECUTOR OR ADMINISTRATOR APPOINTED BY A PROPER COURT OF THE JURISDICTION WHERE DECEDENT WAS DOMICILED AT THE TIME OF DEATH.

THEREFORE, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF APRIL 13, 1960, WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.