B-153746, APR. 21, 1964
Highlights
IN THE AMOUNT OF $43.80 WAS DRAWN TO THE ORDER OF MRS. THAT THE PROCEEDS OF THE CHECK WERE PAID TO MR. ABRAHAM BRODY WHO WAS THE SURVIVING HUSBAND OF THE DECEASED. YOU SAY THAT YOU ARE ENTITLED TO THE PROCEEDS OF THE CHECK ON THE BASIS OF YOUR ALLEGATION THAT MR. WE HAVE BEEN ADVISED BY THE BUREAU OF OLD-AGE AND SURVIVORS INSURANCE. THAT THE PROCEEDS OF THE CHECK INVOLVED WERE PAID TO MR. ABRAHAM BRODY BECAUSE HE WAS THE WAGE EARNER AND WHO. IN THE ABSENCE OF A DULY EXECUTED WILL OR THE APPOINTMENT OF A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE. THE PROCEEDS OF THE CHECK MUST BE DISPOSED OF IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE DECEDENT WAS DOMICILED AT THE TIME OF HER DEATH.
B-153746, APR. 21, 1964
TO DR. HENRY M. SCHEER:
YOUR LETTER OF FEBRUARY 27, 1964, REQUESTS RECONSIDERATION OF OUR DISALLOWANCE OF FEBRUARY 25, 1964, OF YOUR CLAIM FOR THE PROCEEDS OF SOCIAL SECURITY CHECK NO. 39,592,398.
THE RECORD SHOWS THAT CHECK NO. 39,592,398, DATED SEPTEMBER 3, 1963, IN THE AMOUNT OF $43.80 WAS DRAWN TO THE ORDER OF MRS. RUTH BRODY WHO DIED ON SEPTEMBER 1, 1963; THAT YOU FILED A CLAIM FOR THE PROCEEDS OF THE CHECK AS THE BROTHER OF THE DECEASED; AND THAT THE PROCEEDS OF THE CHECK WERE PAID TO MR. ABRAHAM BRODY WHO WAS THE SURVIVING HUSBAND OF THE DECEASED.
YOU SAY THAT YOU ARE ENTITLED TO THE PROCEEDS OF THE CHECK ON THE BASIS OF YOUR ALLEGATION THAT MR. BRODY HAD DESERTED THE DECEASED PAYEE OF THE CHECK AND THAT YOU FURNISHED HER SUPPORT AND PAID THOSE EXPENSES WHICH EXCEEDED THE PAYMENTS MADE TO HER BY THE SOCIAL SECURITY ADMINISTRATION.
WE HAVE BEEN ADVISED BY THE BUREAU OF OLD-AGE AND SURVIVORS INSURANCE, SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, THAT THE PROCEEDS OF THE CHECK INVOLVED WERE PAID TO MR. ABRAHAM BRODY BECAUSE HE WAS THE WAGE EARNER AND WHO, AS SUBSEQUENT BENEFICIARY, HAD FIRST PRIORITY. IN THE ABSENCE OF A DULY EXECUTED WILL OR THE APPOINTMENT OF A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE, THE PROCEEDS OF THE CHECK MUST BE DISPOSED OF IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE DECEDENT WAS DOMICILED AT THE TIME OF HER DEATH. THE LAWS OF NEW YORK (THE STATE OF THE DECEDENT'S DOMICILE) PROVIDE FOR AN ALLOWANCE TO THE SURVIVING SPOUSE WHICH IS NOT SUBJECT TO THE DECEDENT'S DEBTS OR CLAIMS OF OTHER HEIRS. SEE SECTION 103-A2 OF THE DECEDENT ESTATE LAW OF NEW YORK.
ALTHOUGH SECTION 87 OF THE DECEDENT ESTATE LAW PROVIDES THAT NO DISTRIBUTIVE SHARE OF A DECEDENT'S ESTATE SHALL BE ALLOWED TO A HUSBAND WHO HAS NEGLECTED OR REFUSED TO PROVIDE FOR HIS WIFE, OR HAS ABANDONED HER, IT APPEARS THAT NO KNOWLEDGE OF SUCH ABANDONMENT WAS COMMUNICATED TO THE GOVERNMENT. AT THE TIME YOU PRESENTED YOUR CLAIM FOR THE PROCEEDS OF THE INVOLVED CHECK, YOU FAILED TO PROVIDE ANY EVIDENCE OF AN ABANDONMENT OR SEPARATION BY THE PAYEE'S HUSBAND.
FURTHERMORE, SECTION 103-A5 OF THE ABOVE ACT, PROVIDES AS FOLLOWS:
"5. A PAYMENT MADE IN GOOD FAITH UNDER THIS SECTION SHALL BE A COMPLETE DISCHARGE TO THE DEBTOR TO THE EXTENT OF THE PAYMENT, EVEN THOUGH THE AFFIDAVIT ON WHICH PAYMENT IS MADE BE FALSE, AND EVEN THOUGH PAYMENT PURSUANT TO SUBDIVISION THREE WAS NOT MADE IN THE ORDER OF PREFERENCE INDICATED IN THAT SUBDIVISION, PROVIDED ONLY THAT THE CREDITOR BE DEAD AND THAT THE REQUIRED NUMBER OF DAYS ELAPSE BETWEEN DEATH AND PAYMENT AND, IN THE CASE OF A PAYMENT UNDER SUBDIVISON TWO OR SUBDIVISON THREE OF THIS SECTION, THAT THE AFFIANT IN FACT BEAR THE STATED RELATIONSHIP TO THE DECEDENT, AND IN THE CASE OF A PAYMENT UNDER SUBDIVISION FOUR OF THIS SECTION, THAT THE AFFIANT BE IN FACT A DISTRIBUTEE OR CREDITOR, OR HAVE PAID OR INCURRED THE FUNERAL EXPENSES.'
IN VIEW OF THE ABOVE, AND ON THE BASIS OF THE RECORD BEFORE US, OUR DISALLOWANCE OF YOUR CLAIM FOR THE PROCEEDS OF CHECK NO. 39,592,398 MUST BE SUSTAINED.