B-143739, OCT. 10, 1960

B-143739: Oct 10, 1960

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THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 14. FOR THE REASON THAT THE RECORD SHOWS THAT THE MAYES WERE NOT HEIRS OF THE DECEDENT. THAT THE DECEDENT WAS SURVIVED BY A BROTHER. WHO IS ENTITLED TO THE AMOUNT DUE. UNDER A WILL. YOU POSE THE QUESTION WHETHER IT IS POSSIBLE TO DISTRIBUTE THE ESTATE WITHOUT PROBATE OF THE WILL. OR AWAITING THE PROBATE OF THE WILL. ARE APPLICABLE ONLY WHEN THE BENEFICIARY IS RELATED TO THE DECEDENT WITHIN THE DEGREE SPECIFICALLY SET FORTH WITHIN SAID SECTION 630. MAYES QUALIFY UNDER SECTION 630 AS A RELATIVE OR GUARDIAN OF A RELATIVE OF THE DECEDENT AND FOR THIS REASON WE CONCUR WITH YOUR VIEW THAT PROBATE OF THE WILL WOULD BE NECESSARY TO PERFECT ANY CLAIM THE MAYES MAY HAVE.

B-143739, OCT. 10, 1960

TO MISS PAULINE DAY BAKST:

YOUR LETTER OF JULY 20, 1960, REQUESTS INFORMATION REGARDING THE CLAIM OF YOUR CLIENTS, ALVIN AND AILEEN MAYES, FOR THE PROCEEDS OF SOCIAL SECURITY CHECK NO. 58,141,210, DRAWN NOVEMBER 10, 1959, FOR $917.20, TO THE ORDER OF GEORGE H. EIPP, NOW DECEASED. YOU SPECIFICALLY ASK TO BE INFORMED OF OUR REQUIREMENTS FOR DISTRIBUTION OF THE PROCEEDS OF THE CHECK.

THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 14, 1960, FOR THE REASON THAT THE RECORD SHOWS THAT THE MAYES WERE NOT HEIRS OF THE DECEDENT, AND THAT THE DECEDENT WAS SURVIVED BY A BROTHER, WHO IS ENTITLED TO THE AMOUNT DUE, IN THE ABSENCE OF A CLAIM FROM A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE.

YOU STATE THAT YOU BELIEVE YOU CAN ESTABLISH THE RIGHT OF MR. AND MRS. MAYES TO ALL OR POSSIBLY ONE-HALF OF THE CHECK, UNDER A WILL. ALSO, YOU POSE THE QUESTION WHETHER IT IS POSSIBLE TO DISTRIBUTE THE ESTATE WITHOUT PROBATE OF THE WILL, AND STATE THAT IN YOUR OPINION SUCH APPEARS POSSIBLE AS TO THE BROTHERS AND SISTERS UNDER CALIFORNIA PROBATE CODE SECTION 630, BUT NOT AS TO THE MAYES. IN THIS RESPECT WE NOTE THAT THE PROVISIONS OF SECTION 630 AUTHORIZING, IN CERTAIN CIRCUMSTANCES, PAYMENT OF SUMS DUE AN ESTATE WITHOUT PROCURING LETTERS OF ADMINISTRATION, OR AWAITING THE PROBATE OF THE WILL, ARE APPLICABLE ONLY WHEN THE BENEFICIARY IS RELATED TO THE DECEDENT WITHIN THE DEGREE SPECIFICALLY SET FORTH WITHIN SAID SECTION 630, OR THE GUARDIAN OF A PERSON BEARING SUCH RELATIONSHIP. NEITHER MR. OR MRS. MAYES QUALIFY UNDER SECTION 630 AS A RELATIVE OR GUARDIAN OF A RELATIVE OF THE DECEDENT AND FOR THIS REASON WE CONCUR WITH YOUR VIEW THAT PROBATE OF THE WILL WOULD BE NECESSARY TO PERFECT ANY CLAIM THE MAYES MAY HAVE.

CHECKS SUCH AS THE ONE HERE INVOLVED REPRESENT SOCIAL SECURITY PAYMENTS ADMINISTRATIVELY DETERMINED TO BE DUE, AND WHEN RECEIVED AND NOT NEGOTIATED PRIOR TO THE DEATH OF THE BENEFICIARY ARE FOR DISPOSITION, AS PART OF THE DECEDENT'S ESTATE, IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE DECEDENT WAS DOMICILED. SEE BEERS V. FEDERAL SECURITY ADMINISTRATOR, ET AL., 172 F.2D 34.

ANY CLAIM THE MAYES MAY HAVE TO THE PROCEEDS OF THE CHECK APPEARS TO BE BASED UPON A PURPORTED WILL OF THE DECEDENT. WHEN AND IF SUCH WILL IS PROBATED, A CLAIM BY THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE DECEDENT FOR THE PROCEEDS OF THE CHECK WILL BE GIVEN CONSIDERATION. DOCUMENTARY EVIDENCE OF THE APPOINTMENT OF THE EXECUTOR OR ADMINISTRATOR SHOULD BE FURNISHED WITH THE CLAIM.

INCIDENTALLY, THE CHECK INCLUDES PAYMENT FOR THE MONTH OF DEATH AND THE MONTH AFTER DEATH AND THEREFORE $144 OF THE PROCEEDS OF THE CHECK WERE NOT DUE THE PAYEE.