B-144344, NOV. 29, 1960
Highlights
YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORD INDICATES THAT THE PAYER OF THE DECEDENT'S FUNERAL EXPENSES HAD NOT BEEN FULLY REIMBURSED AND. THE PROCEEDS OF SUCH CHECKS HAVE BEEN HELD TO BE ASSETS OF THE DECEDENT'S ESTATE AND WOULD ORDINARILY BE ADMINISTERED BY THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE. IT IS INDICATED NONE WAS APPOINTED IN THIS CASE. WERE NOT IN EXCESS OF THE STATUTORY LIMITATION OUR OFFICE WOULD NOT BE LEGALLY JUSTIFIED IN ALLOWING YOUR CLAIM ON THE BASIS OF THE PRESENT RECORD IN THE ABSENCE OF A RELEASE OF ITS CLAIM ISSUED BY THE OHIO DEPARTMENT OF PUBLIC WELFARE. IT IS NOTED THAT ON THE ORIGINAL CLAIM FORM EXECUTED BY YOU ON AUGUST 18. YOU INDICATED THAT THE FUNERAL EXPENSES WERE NOT PAID FROM THE PROCEEDS OF ANY INSURANCE POLICY.
B-144344, NOV. 29, 1960
TO MRS. NELLIE SURLS:
YOUR LETTER OF OCTOBER 6, 1960, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF SEPTEMBER 30, 1960, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF TREASURY (SOCIAL SECURITY) CHECK NO. 7,267,223, IN THE AMOUNT OF $33 ISSUED MAY 3, 1960, TO THE ORDER OF YOUR SISTER ALICE B. DAVIS, NOW DECEASED. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORD INDICATES THAT THE PAYER OF THE DECEDENT'S FUNERAL EXPENSES HAD NOT BEEN FULLY REIMBURSED AND, THEREFORE, MIGHT WISH TO FILE A CLAIM FOR THE PROCEEDS OF THE INVOLVED CHECK TO BE APPLIED AGAINST SUCH EXPENSES. THE PROCEEDS OF SUCH CHECKS HAVE BEEN HELD TO BE ASSETS OF THE DECEDENT'S ESTATE AND WOULD ORDINARILY BE ADMINISTERED BY THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE. BEERS V. FEDERAL SECURITY ADMINISTRATOR, 80 F.SUPP. 183. IN THE ABSENCE OF THE APPOINTMENT OF SUCH A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE, AND IT IS INDICATED NONE WAS APPOINTED IN THIS CASE, THE PROCEEDS OF THE CHECK INVOLVED MUST NECESSARILY BE DISPOSED OF IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, THE DOMICILE OF THE DECEDENT AT THE TIME OF HER DEATH. UNDER THE LAWS OF THE STATE OF OHIO FUNERAL EXPENSES UP TO THE AMOUNT OF $350 CONSTITUTE A PREFERRED CLAIM AGAINST THE ESTATE, AND THE ASSETS REMAINING SHALL BE PAID ON CLAIMS IN THE PRIORITY LISTED IN SECTION 2117.25, OHIO REVISED CODE. SINCE THE FUNERAL EXPENSES INCURRED BY THE STATE AMOUNTED TO $269.99, AND WERE NOT IN EXCESS OF THE STATUTORY LIMITATION OUR OFFICE WOULD NOT BE LEGALLY JUSTIFIED IN ALLOWING YOUR CLAIM ON THE BASIS OF THE PRESENT RECORD IN THE ABSENCE OF A RELEASE OF ITS CLAIM ISSUED BY THE OHIO DEPARTMENT OF PUBLIC WELFARE, DIVISION OF AID FOR THE AGED.
IT IS NOTED THAT ON THE ORIGINAL CLAIM FORM EXECUTED BY YOU ON AUGUST 18, 1960, YOU INDICATED THAT THE FUNERAL EXPENSES WERE NOT PAID FROM THE PROCEEDS OF ANY INSURANCE POLICY. HOWEVER, IN YOUR LETTER OF OCTOBER 6, YOU SAY THAT THE DECEDENT SURRENDERED INSURANCE POLICIES, APPARENTLY, TO THE STATE DIVISION OF AID FOR THE AGED. IF SUCH BE THE CASE, AND SHOULD YOU BE ABLE TO FURNISH US WITH POSITIVE EVIDENCE THAT THE PROCEEDS OF SUCH POLICIES WERE SUFFICIENT TO SATISFY THE TOTAL FUNERAL BILL, FURTHER CONSIDERATION WILL BE GIVEN YOUR CLAIM UPON OUR RECEIPT FROM YOU OF EVIDENCE SUFFICIENT TO ESTABLISH THAT ANY OUTSTANDING PREFERRED CLAIMS AGAINST YOUR LATE SISTER'S ESTATE HAVE BEEN SATISFIED.