B-143991, SEP. 28, 1960

B-143991: Sep 28, 1960

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THIS CHECK WAS DRAWN TO THE ORDER OF GEORGE I. BECK BUT WAS NOT NEGOTIATED PRIOR TO HIS DEMISE. YOU PROPERLY POINT OUT THAT THE PROCEEDS OF THIS CHECK ARE CONSIDERED AS ASSETS OF THE ESTATE OF GEORGE I. WAS FORWARDED TO OUR OFFICE BY THE SOCIAL SECURITY ADMINISTRATION. ENCLOSED WITH THIS FORM WAS A COPY OF LETTERS OF SPECIAL ADMINISTRATION DATED JUNE 30. UNDER ORDINARY CIRCUMSTANCES ANY AMOUNTS DUE THE ESTATE OF THE DECEASED WOULD HAVE BEEN SENT TO YOUR CLIENT IN HIS CAPACITY AS ADMINISTRATOR. EXAMINE AND ADJUST THE CLAIMS AND DEMANDS OF ALL PERSONS AGAINST EVERY DECEDENT WHOSE ESTATE IS IN PROBATE. BECK THE BECK ESTATE WAS NOT IN PROBATE. IT WOULD SEEM THAT UNTIL SUCH TIME AS AN ADMINISTRATOR IS APPOINTED IN INTESTATE PROCEEDINGS THERE CAN BE NO PROBATE AND INASMUCH AS LETTERS OF SPECIAL ADMINISTRATION.

B-143991, SEP. 28, 1960

TO MR. JOHN G. NESTINGEN:

YOUR LETTER OF SEPTEMBER 10, 1960, WRITTEN ON BEHALF OF MR. LOUIE BECK, ADMINISTRATOR OF THE ESTATE OF GEORGE I. BECK, PROTESTS THE ACTION OF THE GENERAL ACCOUNTING OFFICE IN AUTHORIZING PAYMENT OF THE PROCEEDS OF SOCIAL SECURITY CHECK NO. 28,073,416 IN THE AMOUNT OF $63 TO MR. KENNETH O. JOHNSON OF SOUTH ST. PAUL, MINNESOTA.

THIS CHECK WAS DRAWN TO THE ORDER OF GEORGE I. BECK BUT WAS NOT NEGOTIATED PRIOR TO HIS DEMISE. YOU PROPERLY POINT OUT THAT THE PROCEEDS OF THIS CHECK ARE CONSIDERED AS ASSETS OF THE ESTATE OF GEORGE I. BECK.

ON AUGUST 16, 1960, A STANDARD FORM 1055 EXECUTED BY YOUR CLIENT, LOUIE BECK, WAS FORWARDED TO OUR OFFICE BY THE SOCIAL SECURITY ADMINISTRATION. ENCLOSED WITH THIS FORM WAS A COPY OF LETTERS OF SPECIAL ADMINISTRATION DATED JUNE 30, 1960, NAMING LOUIE BECK AS SPECIAL ADMINISTRATOR OF THE ESTATE OF GEORGE (I.) BECK. UNDER ORDINARY CIRCUMSTANCES ANY AMOUNTS DUE THE ESTATE OF THE DECEASED WOULD HAVE BEEN SENT TO YOUR CLIENT IN HIS CAPACITY AS ADMINISTRATOR. HOWEVER, ON APRIL 7, 1960, PRIOR TO THE RECEIPT OF CLAIM FROM YOUR CLIENT AND--- FOR THAT MATTER--- PRIOR TO HIS APPOINTMENT AS SPECIAL ADMINISTRATOR, THE SOCIAL SECURITY ADMINISTRATION FORWARDED A CLAIM EXECUTED ON SEPTEMBER 30, 1959, FROM KENNETH O. JOHNSON. MR. JOHNSON MADE CLAIM FOR THE PROCEEDS OF THE SUBJECT CHECK AS PAYER OF THE FUNERAL EXPENSES OF THE DECEASED. IN SUPPORT OF HIS CLAIM MR. JOHNSON SUBMITTED A COPY OF A RECEIPTED FUNERAL BILL WHICH INDICATES THAT HE BORE THE BURIAL EXPENSES OF GEORGE I. BECK.

WHILE SECTION 313.01 OF THE WISCONSIN STATUTES CLEARLY INDICATES THAT THE COUNTY COURTS OF WISCONSIN SHALL "RECEIVE, EXAMINE AND ADJUST THE CLAIMS AND DEMANDS OF ALL PERSONS AGAINST EVERY DECEDENT WHOSE ESTATE IS IN PROBATE," AT THE TIME OUR OFFICE AUTHORIZED PAYMENT TO KENNETH O. JOHNSON AS THE PAYER OF THE FUNERAL EXPENSES OF GEORGE I. BECK THE BECK ESTATE WAS NOT IN PROBATE. SECTION 311.01 OF THE WISCONSIN STATUTES PROVIDES FOR THE GRANTING OF LETTERS OF ADMINISTRATION UPON ESTATES OF PERSONS DYING INTESTATE. IT WOULD SEEM THAT UNTIL SUCH TIME AS AN ADMINISTRATOR IS APPOINTED IN INTESTATE PROCEEDINGS THERE CAN BE NO PROBATE AND INASMUCH AS LETTERS OF SPECIAL ADMINISTRATION, PRESUMABLY UNDER SECTION 311.06 OF THE WISCONSIN STATUTES, WERE NOT ISSUED UNTIL JUNE 30, 1960, THE CLAIM OF KENNETH O. JOHNSON WHICH WAS FILED HERE ON APRIL 7, 1960, WAS OF RECORD PRIOR TO THE TIME THE BECK ESTATE WAS "IN PROBATE.' MOREOVER, SECTION 313.03 (2) PROVIDES FOR EARLY HEARING AND PAYMENT OF FUNERAL EXPENSES OF DECEDENTS AND SECTION 313.16 OF THE WISCONSIN STATUTES SPECIFICALLY GRANTS FIRST ORDER OF PRECEDENCE TO THE NECESSARY FUNERAL EXPENSES IN THE SETTLEMENT OF ESTATES. THE ONLY CLAIMS THAT MIGHT BE SUPERIOR TO FUNERAL EXPENSES ARE PROVIDED FOR IN SECTION 313.15 OF THE WISCONSIN STATUTES. INASMUCH AS THE INFORMATION WE HAVE OF RECORD INDICATES THAT GEORGE I. BECK WAS NOT SURVIVED BY A WIDOW OR MINOR CHILDREN, THE PROVISIONS OF SECTION 313.15 WOULD SEEM TO HAVE NO APPLICATION.

WE FEEL THAT THE ABOVE-CITED STATUTES, COUPLED WITH THE RECEIPTED FUNERAL BILL SUBMITTED BY KENNETH O. JOHNSON, AFFORDS THE UNITED STATES AMPLE ACQUITTANCE FOR THE ACTION TAKEN BY OUR OFFICE IN THIS MATTER. ACCORDINGLY, OUR PREVIOUS ACTIONS ARE SUSTAINED AND YOUR CLAIM ON BEHALF OF THE ..END :