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B-233183 1 (1989-03-03)

handle is hein.gao/gaobadnka0001 and id is 1 raw text is: *The Comptroller General of the United States Washington, D.C. 205 Decision Estate of John A. Thomas - Unpaid Compensation Matter of: B-233183 File: Date: March 3, 1989 DIGEST The claims by his mother and alleged son for unpaid compensation due a deceased civilian employee are too doubtful to be allowed without resolution by a court of competent jurisdiction. The alleged son's claim is higher on the statutory list of distribution; however, his status as son is based on a document executed by the deceased in El Salvador recognizing him as the deceased's son, and other information of record makes his status as biological son questionable. DECISION ISSUE This is in response to a request for reconsideration of our Claims Group's determination Z-2865725, July 13, 1988, concerning the claims for the unpaid compensation in the amount of $4,447.81 due Mr. John A. Thomas, a deceased civilian employee. That determination considered the competing claims of Mrs. June P. Thomas, as mother, and that of Mr. Manuel de Jesus Thomas Rivas, as son based on a notarized recognition document stating that it was filed by Mr. Thomas with the civil court of El Salvador. The Claims Group concluded that there was too much doubt to warrant payment to either claimant. Mrs. Thomas takes exception to that finding and has requested reconsideration of her claim based on her contention that the recognition document is fraudulent and should be considered void. For the reasons stated below we conclude that, in the absence of a deter- mination by a court of competent jurisdiction as to whether the document filed by Mr. Thomas recognizing Mr. Rivas as his son is valid, the status of Mr. Rivas as his son is too uncertain to authorize payment to either of the claimants.

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