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B-234425 1 (1989-05-30)

handle is hein.gao/gaobadnlj0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 204 Decision Matter of: Mildred C. Auchard - Disposition of Retired Pay and Survivor Benefit Plan Payments File: B-234425 Date: May 30, 1989 DIGEST The estate of a widow to whom the Army owed $6,572.92 in unpaid retirement pay and Survivor Benefit Plan payments was closed before her executrix claimed that amount. In accordance with Kansas law, the estate should be reopened under an administrator de bonis non, who may then claim the money and distribute it according to the terms of the widow's will. DECISION This decision is in response to a claim forwarded by the U.S. Army Finance and Accounting Center (Finance Center), Indianapolis, Indiana, concerning the disposition of unpaid retirement pay and Survivor Benefit Plan (SBP) payments due the late Mildred C. Auchard, widow of Virgil M. Auchard, M.D., USA Retired. Virgil Auchard died on October 12, 1984. Upon his death, Mildred C. Auchard was entitled to 12 days of her husband's retired pay plus monthly SBP payments. On March 15, 1985, her daughter, Arlene Anderson, claimed those amounts for her by power of attorney, but the Finance Center rejected the power of attorney. By the time of her death on July 9, 1985, Mrs. Auchard was entitled to the 12 days of Dr. Auchards' retired pay ($545.72) plus SBP payments amounting to $6027.20. She was survived by Arlene Anderson and five other children. Mrs. Auchard, a Kansas resident, left a will, which was probated in Kansas, and Arlene Anderson was executrix of the estate. She was discharged as executrix on August 18, 1986, after final settlement of the estate. On February 24, 1988, Arlene Anderson filed a claim for the retired pay and SBP entitlements on behalf of herself and her siblings. Our decision B-91048, Dec. 19, 1949, involved similar facts. A widow claimed the accrued pay owed to her husband.

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