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B-194383 1 (1979-09-11)

handle is hein.gao/gaobadhow0001 and id is 1 raw text is: DECISION FILE: B- MATTER OF: DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 2054e 194383 DATE: September 11, 1979 Jean Harris - econsideration of Collection Action 1. Distributee of property from the estate of a de- ceased debtor of the United States, is liable to repay debt resulting from overpayment of Sup- plemental Security Income Benefits to decedent debtor during her lifetime to the extent of assets received. Distributee is considered to construc- tively hold funds in trust for benefit of the United States. United States is not barred by Wisconsin nonclaim statute from satisfying its claim against decedent debtor through action against beneficiary, without participating in probate proceeding. Wisc. Stat. Ann. 859.01(3). 2. Among debtors jointly and severally liable to United States, Government is not required to collect propor- tionate share from each, but may collect in manner best calculated to liquidate indebtedness as quickly as possible even if this means collecting entire amount from one debtor. That debtor presumably can enforce legal right to contribution by fellow debtors. This responds to a letter from Ms. Jean Harris, in effect asking for reconsideration of our Claims Division's determin- ation that she is liable for the debt resulting from overpayments of Supplemental Security Income (SSI) Benefits made to her de- ceased mother. Ms. Harris' mother, Mrs. Marion Doughty, received over- payments totaling $1,184. 20 in SSI Benefits from April through November 1975. She never repaid the funds during her lifetime, so her estate became liable for the debt upon her death in Septem- ber, 1976. Her estate consisted of about $1, 000 in cash and a house worth approximately $20, 000. Ms. Harris was one of three beneficiaries of the estate who were to divide the assets equally. The Social Security Administration (SSA) notified the attorney for the estate of the Government's claim in a letter dated December 2, 1976. In the letter, SSA notified the attorney that the United States

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