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B-235978 1 (1990-10-26)

handle is hein.gao/gaobadnuz0001 and id is 1 raw text is: I ~'IsIV~i~tIV Comptroller General of the United States Washington, D.C. 2O48 Decision Matter of: Katherine J. Allan - Surviving Spouse - Claim for Real Estate Expenses and Attorney Fees File: B-235978 Date: October 26, 1990 DIGEST A transferred employee who had contracted to sell his residence at his old duty station and to purchase a residence at his new duty station died unexpectedly before either transaction was completed. His widow incurred expenses of $20,500 to obtain releases from the contracts of sale and purchase, plus an attorney's fee. She may be reimbursed her expenses, including a reasonable attorney's fee, not to exceed the amount that would have been reimbursed had she completed the relocation to her deceased husband's new duty station. DECISION The Director of the Defense Investigative Service (DIS) asks whether Mrs. Katherine J. Allan may be reimbursed the legal and other expenses she incurred in obtaining releases from her contractual real estate obligations following the death of her husband, Mr. Thomas R. Allan, a DIS employee who had recently been transferred to a new duty station. For the following reasons, Mrs. Allan may be reimbursed her expenses, not to exceed the amount she would have been reimbursed had she completed the relocation to her deceased husband's new duty station. BACKGROUND Mr. Allan was transferred by his agency from Cherry Hill, New Jersey, to Baltimore, Maryland, on November 27, 1988. He was authorized reimbursement of relocation expenses, including reimbursement of the expenses for the sale of a residence and purchase of a new one. On December 28, 1988, Mr. and Mrs. Allan contracted to sell their residence in New Jersey. On January 1, 1989, Mr. and Mrs. Allan made a $5,000 deposit as part of a contract to purchase a residence in Maryland. On April 2, 1989, Mr. Allan unexpectedly died of a heart attack, leaving a widow and three minor children. At that time, he had completed neither the sale of his old residence

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