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B-186611 1 (1976-11-09)

handle is hein.gao/gaobaddzh0001 and id is 1 raw text is: titi) (C * .- .. oC/, THE CDIVIPTROLLER GENERAL D ECISIO1 1t10 1\ OP THE UNITED STATES WASHINGTON, D.C. 2054 FILE: DATE: B-186611 MATTER OF: Estate of Edith Schreor Jonas DIGEST: Under Internatioval Claims Settlement Act of 1949, 22 U.S.C. §§ 1621 et cca. if awardeo of claim dies, payment is not .ver 41,000, and no aMiunistrator or eecutor has been appointed, Conptroller General deterninos persons entitled to payment. Generally, State law will be followed. Under applicable California lau, separate property of intestate decedent survived by opouso and more than one child passes one-third to spouse, and remaining two-thirds equally among chiluren. This decision responds to a comvmunent$on from tha Department of the Treasury concrning our determination of th persons entitlcd to the unpaid balance of three claim awards, made tW Edith Schreier Jones, deceased, pursuait to the International Claims Settleent Act of 1949, 22 USC, §§ 1621 ctcM. (1970). Our Claime Diviston determined on December 3, 1975, based on claims by him, that Oswald Jonan, surviving spouae was entitled to the amiounts 'ue. Ernest J. HMOl Esquire, in a letter tranaitting the claims by Mr. Jonas,'s tated that the awards should be dtvidod equally aziong Mr. Jonas and the decadent's two children. 1r. 11111, reprocenting all the heirs at law of trs. Jonas, has requested reconsideration of the award to Hr. Jonao. This request has been forvarded to us by the Department of tha Treacury. Mr. ill contends that the claim awards were the separate property of Mrs. Jonas, and that pursuant to the California intestate cuccession schnem, the surviving spouse and the two surviving children should each recalve one-third there- of. Mrs. Jonas, a domiciliary of the State of California, died intestate on September 13, 1974. In his claim, filed on May 19, 1975, M1r. Jonas stated that there had not brtu nor would there bc appointed an ececutor or administrator of tha decedent's estate. HIe have also been infonnally advlced that t;c valua of the estato did not Istify the cout of forrant Adminirtration. w 1 ~e . I' .

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