B-143156, JUN. 30, 1960
Highlights
SANTOS WAS APPOINTED ADMINISTRATRIX OF THE ESTATE OF FRANCISCO GONSALVES BY THE PROBATE COURT OF THE CITY OF EAST PROVIDENCE. HAVE BEEN HELD TO BE ASSETS OF THE DECEDENT'S ESTATE (BEERS V. ARE FOR DISPOSITION IN ACCORDANCE WITH THE LAWS OF THE LAST DOMICILE OF THE DECEDENT. THE RECORDS IN OUR OFFICE INDICATE THAT THE SUBJECT DECEDENT WAS DOMICILED IN PORTUGAL AT THE TIME OF HIS DEATH. IS GRANTED IN TWO OR MORE COMPETENT JURISDICTIONS. IS ANCILLARY MERELY. IT IS USUALLY CONCEDED THAT THE LAW OF THE DOMICILE OF THE OWNER OF PERSONAL PROPERTY GOVERNS IN REGARD TO THE RIGHT OF SUCCESSION WHETHER SUCH OWNER DIES TESTATE OR INTESTATE. IS SUSTAINED. ANY FURTHER COMMUNICATION BY YOU WITH OUR OFFICE IN THE MATTER WILL NECESSITATE THE FILING HERE OF A POWER OF ATTORNEY EXECUTED BY THE CLAIMANT.
B-143156, JUN. 30, 1960
TO MR. THOMAS D. PUCCI, COUNSELLORS AT LAW:
YOUR LETTER OF JUNE 1, 1960, WRITTEN IN BEHALF OF MRS. ALICE SANTOS, PROTESTS OUR SETTLEMENT OF APRIL 15, 1960, WHICH ALLOWED THE PROCEEDS OF SOCIAL SECURITY CHECKS NOS. 5,758,124 AND 6,284,621 TO MRS. AUXILIA GONSALVES AS ADMINISTRATRIX OF THE ESTATE OF FRANCISCO GONSALVES, DECEASED. YOU SAY THAT MRS. SANTOS WAS APPOINTED ADMINISTRATRIX OF THE ESTATE OF FRANCISCO GONSALVES BY THE PROBATE COURT OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, ON DECEMBER 1, 1959. YOU CONTEND THAT SINCE THE ABOVE-REFERRED-TO COURT APPARENTLY HAS JURISDICTION OVER REAL ESTATE OF THE DECEDENT'S LOCATED IN RHODE ISLAND, IT THEREFORE HAS JURISDICTION OVER ALL THE DECEDENT'S PROPERTY OF WHATEVER NATURE AND WHERESOEVER LOCATED. ON THIS PREMISE, YOU REQUEST THAT WE CONTACT MRS. GONSALVES IN ORDER THAT THE PROCEEDS OF THE ABOVE-DESCRIBED CHECKS BE FORWARDED TO MRS. SANTOS FOR DISTRIBUTION IN ACCORDANCE WITH THE LAWS OF THE STATE OF RHODE ISLAND.
SOCIAL SECURITY CHECKS, OF THE TYPE HERE INVOLVED, HAVE BEEN HELD TO BE ASSETS OF THE DECEDENT'S ESTATE (BEERS V. FEDERAL SECURITY ADMINISTRATOR, 80 F.SUPP. 183), AND ARE FOR DISPOSITION IN ACCORDANCE WITH THE LAWS OF THE LAST DOMICILE OF THE DECEDENT. THE RECORDS IN OUR OFFICE INDICATE THAT THE SUBJECT DECEDENT WAS DOMICILED IN PORTUGAL AT THE TIME OF HIS DEATH.
IN THIS CONNECTION IT HAS BEEN HELD, THAT FROM AN INTERNATIONAL STANDPOINT, WHENEVER AUTHORITY TO ADMINISTER THE ESTATE OF ONE DECEASED, TESTATE OR INTESTATE, IS GRANTED IN TWO OR MORE COMPETENT JURISDICTIONS, THE PRINCIPAL ADMINISTRATION OR APPOINTMENT MUST BE THAT WHERE THE DECEASED HAS HIS LAST DOMICILE; AND THAT ADMINISTRATION, OR AN APPOINTMENT GRANTED ELSEWHERE, OR BECAUSE OF LOCAL PROPERTY OR ASSETS, IS ANCILLARY MERELY. AND THIS CHIEFLY BECAUSE, AS AN INTERNATIONAL DOCTRINE, IT IS USUALLY CONCEDED THAT THE LAW OF THE DOMICILE OF THE OWNER OF PERSONAL PROPERTY GOVERNS IN REGARD TO THE RIGHT OF SUCCESSION WHETHER SUCH OWNER DIES TESTATE OR INTESTATE. SEE SCHOULER, LAW OF EXECUTORS AND ADMINISTRATORS 3RD FD., SEC. 167, P. 236. SEE ALSO IN RE ZIETZ- ESTATE, 96 N.Y.S.2D. 442.
IN VIEW OF THE ABOVE, OUR SETTLEMENT OF APRIL 15, 1960, IS SUSTAINED.
ANY FURTHER COMMUNICATION BY YOU WITH OUR OFFICE IN THE MATTER WILL NECESSITATE THE FILING HERE OF A POWER OF ATTORNEY EXECUTED BY THE CLAIMANT, AUTHORIZING YOU TO IN HER BEHALF.