B-125865, SEP. 23, 1970
Highlights
NO ENTITLEMENT IS DUE ON THE REMAINING BALANCE DUE THE ESTATE. ROBINSON: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 4. WHICH WAS THE SUBJECT OF OUR DECISIONS TO YOU OF JANUARY 19. YOU WERE ADVISED THAT THE SETTLEMENT OF CLAIMS FOR AMOUNTS DUE THE ESTATE OF DECEASED PERSONNEL OF THE ARMY IS GOVERNED BY THE ACT OF JUNE 30. THIS ACT PROVIDES THAT WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE. HENCE YOU WERE ADVISED THAT UNLESS YOU WERE WILLING TO WAIVE YOUR CLAIM AS CREDITOR OF THE ESTATE. YOU WERE INFORMED THAT ALTHOUGH PAYMENT TO CREDITORS OF THE DECEDENT MAY NOT BE ALLOWED UNDER THE PERTINENT ACTS. IF NO DEMAND IS MADE BY THE DECEDENT'S LEGAL REPRESENTATIVE.
B-125865, SEP. 23, 1970
DECEDENTS' ESTATES DECISION TO SISTER OF THE DECEASED MEMBER FURTHER ADVISING THAT SINCE SHE HAS ALREADY RECEIVED HER SHARE FROM PROCEEDS OF THE ESTATE, NO ENTITLEMENT IS DUE ON THE REMAINING BALANCE DUE THE ESTATE.
TO LOUISE W. ROBINSON:
REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 4, 1970, IN WHICH YOU REQUEST THE PAYMENT OF YOUR CLAIM FOR AN AMOUNT DUE THE ESTATE OF YOUR LATE BROTHER, JAMES T. WALKER, MASTER SERGEANT, USA, RETIRED, WHICH WAS THE SUBJECT OF OUR DECISIONS TO YOU OF JANUARY 19, 1956, MAY 2, 1966, AND SEPTEMBER 7, 1966, B-125865.
IN THE LETTER OF JANUARY 19, 1956, YOU WERE ADVISED THAT THE SETTLEMENT OF CLAIMS FOR AMOUNTS DUE THE ESTATE OF DECEASED PERSONNEL OF THE ARMY IS GOVERNED BY THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, AND THIS ACT PROVIDES THAT WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, THE ACCOUNTING OFFICERS OF THE GOVERNMENT MAY ALLOW THE AMOUNT DUE TO THE LEGAL HEIRS NAMED IN THE STATUTE IN THE ORDER OF PRECEDENCE STATED. THIS ACT MAKES NO PROVISION FOR THE PAYMENT OF DEBTS OF THE DECEDENT, WITH THE EXCEPTION OF FUNERAL EXPENSES, FROM THE AMOUNT DUE THE ESTATE, AND HENCE YOU WERE ADVISED THAT UNLESS YOU WERE WILLING TO WAIVE YOUR CLAIM AS CREDITOR OF THE ESTATE, PAYMENT MAY BE MADE ONLY TO A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE.
IN OUR DECISION OF MAY 2, 1966, YOU WERE INFORMED THAT ALTHOUGH PAYMENT TO CREDITORS OF THE DECEDENT MAY NOT BE ALLOWED UNDER THE PERTINENT ACTS, IF NO DEMAND IS MADE BY THE DECEDENT'S LEGAL REPRESENTATIVE, THE AMOUNT DUE MAY BE ALLOWED TO THE NAMED SURVIVORS IN THE DESIGNATED ORDER OF PRECEDENCE. IF THERE IS NO SURVIVING SPOUSE, DESCENDENTS, FATHER OR MOTHER, THEN PAYMENT IS AUTHORIZED TO THE BROTHERS AND SISTERS, AND THE CHILDREN OF DECEASED BROTHERS AND SISTERS BY REPRESENTATION. ACCORDINGLY, OUR CLAIMS DIVISION ISSUED A CERTIFICATE OF SETTLEMENT TO YOU IN THE AMOUNT OF $123.44 YOUR PRO RATA SHARE OF THE $617.16 DUE THE ESTATE.
CONCERNING YOUR REQUEST AS TO HOW YOU MAY SECURE PAYMENT OF THE BALANCE DUE YOUR BROTHER'S ESTATE, YOU ARE AGAIN ADVISED THAT NO FURTHER ACTION MAY BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM. IN OTHER WORDS, UNDER THE APPLICABLE LAWS THIS OFFICE IS WITHOUT AUTHORITY TO MAKE A FURTHER PAYMENT TO YOU FROM THE AMOUNT DUE YOUR BROTHER'S ESTATE.
CONCERNING YOUR STATEMENT THAT "NO ONE HAS OR WILL OFFER ANY CLAIM TO THIS MONEY," YOU ARE ADVISED THAT OUR CLAIMS DIVISION IS BEING INSTRUCTED TO SECURE INFORMATION AS TO THE PERSONS ENTITLED TO SHARE IN THE BALANCE DUE THE ESTATE, AND TO ISSUE SETTLEMENT TO THEM FOR THE AMOUNTS FOUND DUE.