B-150027, APR. 30, 1963

B-150027: Apr 30, 1963

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COLEMAN: REFERENCE IS MADE TO THE LETTER OF APRIL 9. BECAUSE OF THE EXPENSES INVOLVED IF AN ADMINISTRATOR WERE TO BE APPOINTED. YOU HAVE REQUESTED THAT PAYMENT BE MADE DIRECTLY TO YOU. YOU HAVE SUBMITTED AN AFFIDAVIT TO THE EFFECT THAT TO THE BEST OF YOUR KNOWLEDGE AND BELIEF THERE ARE NO OTHER ASSETS WHICH WOULD BE SUBJECT TO ADMINISTRATION AND THAT YOU HAVE PAID OR WILL PAY ALL DEBTS AGAINST THE ESTATE. THE RECORD SHOWS THAT YOU HAVE TWO MINOR CHILDREN. YOUR HUSBAND'S DESIGNATION OF THE ADMINISTRATOR OF HIS ESTATE AS BENEFICIARY WAS PROPER AND IS BINDING UPON THIS OFFICE. SINCE YOUR HUSBAND DID NOT LEAVE A WILL. SUCH ISSUE SHALL COLLECTIVELY TAKE ONLY THE SHARE THEIR PARENT WOULD HAVE TAKEN HAD SUCH PARENT BEEN LIVING.

B-150027, APR. 30, 1963

TO MRS. WANDA M. COLEMAN:

REFERENCE IS MADE TO THE LETTER OF APRIL 9, 1963, WITH ENCLOSURES, FROM MR. FRANK B. KELLER, CIVILIAN PERSONNEL OFFICER, IN YOUR BEHALF, REQUESTING THAT WE FURTHER CONSIDER YOUR CLAIM FOR UNPAID COMPENSATION DUE YOUR HUSBAND, EUGENE E. COLEMAN, AT THE DATE OF HIS DEATH AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

YOUR HUSBAND DESIGNATED ON STANDARD FORM 1152, DATED JUNE 7, 1951, THE ADMINISTRATOR OF HIS ESTATE AS THE BENEFICIARY TO RECEIVE ANY UNPAID COMPENSATION, INCLUDING THAT FOR LEAVE, DUE AT THE TIME OF HIS DEATH.

BECAUSE OF THE EXPENSES INVOLVED IF AN ADMINISTRATOR WERE TO BE APPOINTED, YOU HAVE REQUESTED THAT PAYMENT BE MADE DIRECTLY TO YOU. YOU HAVE SUBMITTED AN AFFIDAVIT TO THE EFFECT THAT TO THE BEST OF YOUR KNOWLEDGE AND BELIEF THERE ARE NO OTHER ASSETS WHICH WOULD BE SUBJECT TO ADMINISTRATION AND THAT YOU HAVE PAID OR WILL PAY ALL DEBTS AGAINST THE ESTATE. ALSO, THE RECORD SHOWS THAT YOU HAVE TWO MINOR CHILDREN.

YOUR HUSBAND'S DESIGNATION OF THE ADMINISTRATOR OF HIS ESTATE AS BENEFICIARY WAS PROPER AND IS BINDING UPON THIS OFFICE. THE DESIGNATION OF THE ADMINISTRATOR OF HIS ESTATE AS BENEFICIARY HAS THE EFFECT OF MAKING ENTITLEMENT TO THE UNPAID COMPENSATION DEPEND UPON THE PROVISIONS OF STATE LAW. SINCE YOUR HUSBAND DID NOT LEAVE A WILL, THE DETERMINATION OF TO WHOM HIS ESTATE WOULD PASS WOULD BE MADE ACCORDING TO THE LAW OF INTESTATE SUCCESSION OF THE STATE OF KANSAS.

SECTIONS 59-504 AND 59-506 OF KANSAS GENERAL STATUTES, 1949, PROVIDE:

"59-504. SURVIVING SPOUSE. IF THE DECEDENT LEAVES A SPOUSE AND NO CHILDREN NOR ISSUE OF A PREVIOUSLY DECEASED CHILD, ALL HIS PROPERTY SHALL PASS TO THE SURVIVING SPOUSE. IF THE DECEDENT LEAVES A SPOUSE AND A CHILD, OR CHILDREN, OR ISSUE OF A PREVIOUSLY DECEASED CHILD OR CHILDREN, ONE-HALF OF SUCH PROPERTY SHALL PASS TO THE SURVIVING SPOUSE.

"59-506. SURVIVING CHILDREN OR ISSUE. IF THE DECEDENT LEAVES A CHILD, OR CHILDREN, OR ISSUE OF A PREVIOUSLY DECEASED CHILD OR CHILDREN, AND NO SPOUSE, ALL HIS PROPERTY SHALL PASS TO THE SURVIVING CHILD, OR IN EQUAL SHARES TO THE SURVIVING CHILDREN AND THE LIVING ISSUE, IF ANY, OF A PREVIOUSLY DECEASED CHILD, BUT SUCH ISSUE SHALL COLLECTIVELY TAKE ONLY THE SHARE THEIR PARENT WOULD HAVE TAKEN HAD SUCH PARENT BEEN LIVING. IF THE DECEDENT LEAVES SUCH CHILD, CHILDREN, OR ISSUE, AND A SPOUSE, ONE-HALF OF SUCH PROPERTY SHALL PASS TO SUCH CHILD, CHILDREN, AND ISSUE AS AFORESAID.'

THEREFORE, IF AN ADMINISTRATOR WERE TO BE APPOINTED, YOU WOULD BE ENTITLED TO ONE-HALF OF THE ESTATE AS YOUR HUSBAND'S SURVIVING SPOUSE, AND EACH OF YOUR TWO MINOR CHILDREN WOULD BE ENTITLED TO ONE-FOURTH OF THE ESTATE.

IN VIEW OF YOUR AFFIDAVIT; THE RELATIVELY SMALL AMOUNT INVOLVED, WHICH IS APPROXIMATELY $1,300; AND THE STATEMENT IN THE RECORD BY YOUR FORMER ATTORNEY, MR. JOHN BERGLUND, THAT THE COST OF ADMINISTRATION WOULD AMOUNT TO ONE-FOURTH OF THE UNPAID COMPENSATION DUE, WE WILL NOT REQUIRE IN THIS INSTANCE THE APPOINTMENT OF AN ADMINISTRATOR, BUT WILL MAKE PAYMENT FOR THE AMOUNT TO WHICH YOU ARE ENTITLED, WHICH IS ONE HALF OF THE AMOUNT INVOLVED, DIRECTLY TO YOU.

IN REGARD TO THE AMOUNTS DUE YOUR CHILDREN, WE HAVE, IN PROPER CASES, MADE PAYMENT OF AN AMOUNT DUE A MINOR TO THE MINOR'S PARENT AS THE NATURAL GUARDIAN OF THE MINOR CHILD.

SECTION 59-1813 OF KANSAS GENERAL STATUTE, 1961 SUPP., PROVIDES:

"ESTATE OF LESS THAN ONE THOUSAND DOLLARS. IF THE ESTATE OF A WARD IS LESS THAN ONE THOUSAND DOLLARS, AND THE WARD IS A MINOR, THE COURT MAY IN ITS DISCRETION, WITHOUT THE APPOINTMENT OF A GUARDIAN, OR THE GIVING OF BOND, AUTHORIZE THE DEPOSIT THEREOF IN A SAVINGS ACCOUNT OF A BANK, PAYABLE TO THE LEGAL GUARDIAN WHEN APPOINTED OR TO THE WARD UPON HIS ATTAINING THE AGE OF AJORITY; OR THE COURT MAY AUTHORIZE THE PAYMENT OR DELIVERY THEREOF TO THE NATURAL GUARDIAN OF THE MINOR, OR TO THE PERSON BY WHOM THE MINOR IS MAINTAINED, OR TO THE MINOR HIMSELF.'

THEREFORE, WE FEEL THAT PAYMENT OF THE AMOUNTS DUE YOUR TWO MINOR CHILDREN, WHICH WOULD BE APPROXIMATELY $325 EACH, MAY BE MADE TO YOU AS THE NATURAL GUARDIAN OF YOUR CHILDREN, UPON RECEIPT FROM YOU OF THE NAMES OF THE CHILDREN, AND A STATEMENT MEETING THE REQUIREMENTS FOR CLAIM FILING SET OUT IN 4 GENERAL ACCOUNTING OFFICE MANUAL 3540.30B REGARDING CLAIMS INVOLVING MINORS, WHICH SPECIFIES THAT:

"IF NO GUARDIAN HAS BEEN OR WILL BE APPOINTED THE INITIAL CLAIM SHOULD BE SUPPORTED BY A STATEMENT SHOWING (1) CLAIMANT'S RELATIONSHIP TO THE MINOR, IF ANY; (2) THE NAME AND ADDRESS OF THE PERSON HAVING CARE AND CUSTODY OF THE MINOR; (3) THAT ANY MONEYS RECEIVED WILL BE APPLIED TO THE USE AND BENEFIT OF THE MINOR; AND (4) THAT THE APPOINTMENT OF A GUARDIAN IS NOT CONTEMPLATED.'

THIS INFORMATION MAY BE ADDRESSED TO CLAIMS DIVISION, UNITED STATES GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., AND SHOULD GIVE AS A REFERENCE CLAIM NO. Z2-211-625.

WE ARE TODAY DIRECTING OUR CLAIMS DIVISION TO PROCEED, UPON THE RECEIPT FROM YOU OF THE ABOVE INFORMATION, WITH THE SETTLEMENT OF YOUR CLAIM AS SPECIFIED ABOVE, IN THE AMOUNT THAT IS DETERMINED TO BE CORRECT.