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B-130743, NOV. 30, 1962

B-130743 Nov 30, 1962
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YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT DATED DECEMBER 16. THE DISALLOWANCE WAS SUSTAINED UPON REVIEW IN OUR DECISION TO YOU DATED MARCH 1. NEAL SUBMITTED A CLAIM SIGNED BY HER AND FOR COPIES OF THE EVIDENCE UPON WHICH THE DETERMINATION WAS MADE THAT SHE IS THE COMMON- LAW WIDOW OF YOUR BROTHER FOR YOU TO USE IN COURT. YOU ASK HOW THE AUTHORITY TO PAY YOUR BROTHER'S PERSONAL ESTATE WAS ESTABLISHED. WE HAVE CHECKED THE FILE YOU SENT US. OUR OPINION IS THAT THE MATERIAL IN THE FILE AND YOUR STATEMENTS CONCERNING THE RELATIONSHIP OF ELNORA HALSTIED NEAL AND YOUR BROTHER. WHICH YOU DO NOT FEEL WAS THAT OF COMMON- LAW MARRIAGE. DO NOT CONSTITUTE SUFFICIENT EVIDENCE TO OVERCOME THAT UPON WHICH PAYMENT WAS MADE TO ELNORA HALSTIED NEAL.

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B-130743, NOV. 30, 1962

MRS. ELNORA LOFTON:

YOUR LETTER OF OCTOBER 22, 1962, REQUESTS US TO CHECK THE FILE YOU SENT US IN REGARD TO YOUR CLAIM AND THE CLAIM OF MRS. ELNORA HALSTIED NEAL FOR UNPAID COMPENSATION DUE YOUR BROTHER, ERNEST NEAL, AT THE TIME OF HIS DEATH. YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT DATED DECEMBER 16, 1956. THE DISALLOWANCE WAS SUSTAINED UPON REVIEW IN OUR DECISION TO YOU DATED MARCH 1, 1957, B-130743. PAYMENT HAS BEEN MADE TO MRS. ELNORA HALSTIED NEAL AS THE SURVIVING COMMON-LAW WIDOW OF YOUR BROTHER. YOU ALSO ASK WHETHER MRS. NEAL SUBMITTED A CLAIM SIGNED BY HER AND FOR COPIES OF THE EVIDENCE UPON WHICH THE DETERMINATION WAS MADE THAT SHE IS THE COMMON- LAW WIDOW OF YOUR BROTHER FOR YOU TO USE IN COURT. ALSO, YOU ASK HOW THE AUTHORITY TO PAY YOUR BROTHER'S PERSONAL ESTATE WAS ESTABLISHED.

WE HAVE CHECKED THE FILE YOU SENT US. OUR OPINION IS THAT THE MATERIAL IN THE FILE AND YOUR STATEMENTS CONCERNING THE RELATIONSHIP OF ELNORA HALSTIED NEAL AND YOUR BROTHER, WHICH YOU DO NOT FEEL WAS THAT OF COMMON- LAW MARRIAGE, DO NOT CONSTITUTE SUFFICIENT EVIDENCE TO OVERCOME THAT UPON WHICH PAYMENT WAS MADE TO ELNORA HALSTIED NEAL. ALSO, THE LAW GOVERNING THE DISPOSITION OF THE UNPAID COMPENSATION, WHICH IS SECTION 1 OF THE ACT OF AUGUST 3, 1950, 64 STAT. 395, 5 U.S.C. 61F, PROVIDES THAT IF THERE IS NO DESIGNATED BENEFICIARY, PAYMENT SHALL BE MADE TO THE WIDOW OR WIDOWER OF THE EMPLOYEE, AND IF THERE IS NO SURVIVING SPOUSE, PAYMENT SHALL BE MADE TO THE CHILD OR CHILDREN OF THE DECEASED. YOUR BROTHER DID NOT DESIGNATE A BENEFICIARY. THEREFORE, EVEN IF PAYMENT TO ELNORA HALSTIED NEAL AS HIS WIDOW WERE NOT PROPER, HIS CHILDREN WOULD BE NEXT IN ORDER OF PRECEDENCE TO RECEIVE THE MONEY. CONSEQUENTLY,YOU WOULD NOT BE ENTITLED TO RECEIVE THE UNPAID COMPENSATION. THEREFORE, WE MUST AGAIN INFORM YOU THAT OUR DISALLOWANCE OF YOUR CLAIM IS CORRECT.

IN REGARD TO YOUR QUESTION CONCERNING THE CLAIM ITSELF, ELNORA HALSTIED NEAL EXECUTED A CLAIM SIGNED BY HER.

CONCERNING YOUR REQUEST FOR COPIES OF THE EVIDENCE FOR USE IN COURT, THE POLICY OF OUR OFFICE IS TO FURNISH SUCH COPIES FOR USE IN COURT ONLY TO THE COURT, AND ONLY IN RESPONSE TO A SUBPOENA OR REQUEST FROM THE COURT. THEREFORE, WE MUST DECLINE YOUR REQUEST FOR COPIES.

IN ANSWER TO YOUR LAST QUESTION, THE DISPOSITION OF THE ESTATE OF A DECEDENT IS GOVERNED BY STATE LAW. WE NOTE HERE THAT, UNDER SECTION 1 OF THE ACT OF AUGUST 3, 1950, UNPAID COMPENSATION OF A DECEASED FEDERAL EMPLOYEE DOES NOT BECOME PART OF THE ESTATE OF THE DECEDENT UNLESS THERE IS NO DESIGNATED BENEFICIARY, SURVIVING SPOUSE, CHILDREN OR THEIR ISSUE, OR PARENTS.

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