B-139028, JUN. 29, 1960

B-139028, JUN. 29, 1960

TO MRS. HELEN CARR:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 1, 1959, CONCERNING YOUR CLAIM FOR THE BALANCE DUE THE ESTATE OF YOUR LATE SON, THOMAS GERARD CARR, AS OF JUNE 25, 1953, THE DATE OF THE RECEIPT OF EVIDENCE OF HIS DEATH WHILE SERVING AS SERGEANT FIRST CLASS, UNITED STATES ARMY. YOUR LETTER WAS INADVERTENTLY MISFILED IN OUR OFFICE AND IT IS REGRETTED THAT AN EARLIER REPLY HAS NOT BEEN SENT TO YOU.

YOU MADE CLAIM FOR THE FULL AMOUNT DUE YOUR SON ON THE BASIS THAT HE WAS NOT SURVIVED BY A WIDOW OR DESCENDANTS, BUT THAT HE WAS SURVIVED BY YOU AND BY HIS FATHER, WHOSE ADDRESS YOU DID NOT KNOW AND FROM WHOM YOU HAD BEEN SEPARATED FOR 20 YEARS. THE DEPARTMENT OF THE ARMY HAVING REPORTED THAT THE SUM OF $3,256.45 WAS DUE YOUR SON'S ESTATE AS ARREARS OF PAY AND ALLOWANCES, OUR CLAIMS DIVISION, BY SETTLEMENT DATED NOVEMBER 16, 1953, ALLOWED YOU THE SUM OF $1,628.23, REPRESENTING YOUR ONE-HALF SHARE OF THE TOTAL AMOUNT DUE, AND ADVISED YOU THAT THE REMAINING ONE-HALF SHARE WAS RESERVED FOR THE FATHER. BY DECISION OF APRIL 29, 1959, B-139028, TO YOU, WE ADVISED YOU IN DETAIL THE REASONS WHY PAYMENT OF THE AMOUNT RESERVED FOR THE FATHER COULD NOT BE MADE TO YOU, AND THAT, IN THE ABSENCE OF A CLAIM FROM THE FATHER, OR A SHOWING THAT HE IS DEAD, OR DECLARED DEAD BY A COURT OF COMPETENT JURISDICTION, PAYMENT OF THE RESERVED AMOUNT COULD BE MADE ONLY TO A DULY APPOINTED LEGAL REPRESENTATIVE OF YOUR SON'S ESTATE, THAT IS, AN EXECUTOR OR AN ADMINISTRATOR. IN YOUR LETTER OF DECEMBER 1, 1959, YOU ASK, IN EFFECT, IF THERE IS NOT SOME WAY IN WHICH THE AMOUNT RESERVED FOR THE FATHER CAN BE PAID TO YOU WITHOUT THE NECESSITY AND EXPENSE OF COURT PROCEEDINGS AND OBVIATING THE PAYMENT OF FEES TO ATTORNEYS IN CONNECTION WITH THE MATTER.

AS WE EXPLAINED TO YOU IN THE DECISION OF APRIL 29, 1959, THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, GOVERNING THE SETTLEMENT OF ACCOUNTS OF DECEASED MEMBERS OF THE ARMY WHO DIED BEFORE JANUARY 1, 1956, EXPRESSLY PROVIDES THAT WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, AND THE DECEDENT IS NOT SURVIVED BY A WIDOW OR DESCENDANT, THE AMOUNT DUE IS PAYABLE "TO THE FATHER AND MOTHER IN EQUAL PARTS," OR "IF EITHER THE FATHER OR MOTHER BE DEAD, THEN TO THE ONE SURVIVING.' THUS, WE CAN ONLY REPEAT OUR STATEMENT IN THE DECISION OF APRIL 29, 1959, NAMELY, THAT IN THE ABSENCE OF A CLAIM FROM THE FATHER, OR A SHOWING THAT HE IS DEAD, OR THAT HE HAS BEEN DECLARED DEAD, THE BALANCE DUE MAY BE ALLOWED ONLY TO A DULY APPOINTED LEGAL REPRESENTATIVE OF YOUR SON'S ESTATE. WE HAVE NO INFORMATION WITH RESPECT TO THE COST OF ADMINISTRATION AND THE PAYMENT OF ATTORNEY'S FEES IN CONNECTION WITH THE APPOINTMENT OF A LEGAL REPRESENTATIVE OF YOUR SON'S ESTATE. HOWEVER, SUCH COST AND FEES ARE REGULATED BY THE PROBATE COURTS AUTHORIZING SUCH PROCEEDINGS, AND WE FEEL SURE THAT IF YOU WILL DISCUSS THE MATTER WITH THE JUDGE OR CLERK OF YOUR LOCAL PROBATE COURT, EITHER OF THEM WILL BE PLEASED TO ADVISE YOU IN THIS REGARD. WE AGAIN CALL YOUR ATTENTION TO THE FACT THAT THE CLAIM BY A LEGAL REPRESENTATIVE MUST BE FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS FROM THE DATE SUCH CLAIM FIRST ACCRUED, THE DATE OF ACCRUAL IN THIS CASE BEING JUNE 25, 1953, THE DATE OF THE RECEIPT OF EVIDENCE OF THE DEATH OF YOUR SON.