MICHELLE HUNT
and
RAWLEY GILLILAND

P.S. Docket No. MD 08-310

APPEARANCE FOR DISPUTANT
MICHELLE HUNT

APPEARANCE FOR DISPUTANT
RAWLEY GILLILAND

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution.  The mail in dispute is that addressed to Bradley Gilliland at 19181 Becker Road, Hockley, TX 77447.  The Hockley Postmaster is currently holding the mail.

           Neither party filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, although Michelle Hunt filed a notarized statement.  Rawley Gilliland filed nothing in this proceeding.  The following findings of fact are based on all the material filed by the parties, including documents previously submitted to the postmaster and forwarded by the United States Postal Service Law Department, Southwest Office. 

FINDINGS OF FACT

            1.  Bradley Gilliland died in a motor vehicle accident on March 16, 2008.  His residence at that time was 19181 Becker Road, Hockley, TX 77447.  (Death certificate attached to Law Department forwarding letter).

            2.  Rawley Gilliland is Bradley’s father.  Michelle Hunt has shared Bradley’s residence since August 2006 and continues to live there.  She refers to their relationship as an “informal marriage” that included some joint financial arrangements.[1]  (Law Department forwarding letter; Hunt statement).

            3.  On May 19, 2008, Rawley Gilliland submitted a PS Form 3575, Change-of-Address Order, directing that mail addressed to Bradley Gilliland at 19181 Becker Road be forwarded to 23111 Hampton Forest Lane in Spring, TX 77389.[2]  This is Rawley Gilliland’s residence.  When Michelle Hunt learned of this, she protested and this mail dispute arose.  (Law Department forwarding letter and attachments).

DECISION

            Postal regulations provide that mail addressed to a deceased person should be delivered as addressed, unless there is evidence that the mail is not being picked up, but that the mail may also be forwarded to an appointed executor/administrator if a request by the executor/administrator is filed at the post office.  (POM Sections 612.41 and 612.42).

            There is no evidence that Rawley Gilliland has been appointed the executor or administrator of his son’s estate, and other than stating that he was a “proper party” to file the change-of-address form, he has asserted no basis for an entitlement to receive the disputed mail.  An August 6, 2008 letter from Mr. Gilliland’s attorney to the postmaster stated that Mr. Gilliland would “in all probability” request a court order directing delivery of the mail, and that evidence further supporting his claim would be forwarded to the Judicial Officer, but nothing from Mr. Gilliland or his attorney has been filed here.  Therefore, in accordance with the rule stated above, the mail should be delivered as addressed.

            This decision deals only with delivery of mail.  It does not determine ownership of the contents of the mail and does attempt to resolve any other disputes between the parties.  If either party obtains a court order deciding to whom the mail should be delivered, postal regulations provide that the mail will be delivered according to such an order.  POM §616.3. 

            The Judicial Officer should issue an Order to the Hockley Postmaster directing that mail addressed to Bradley Gilliland at 19181 Becker Road, Hockley, TX 77447, be delivered as addressed. 

Bruce R. Houston
Chief Administrative Law Judge

[1] Texas statutes give some validity to an informal marriage (Vernon’s Texas Code Annotated, Family Code §2.401), but resolution of this mail dispute does not require that we determine the legal status of the relationship between Ms. Hunt and Bradley Gilliland.

[2] The PS Form 3575 contains the signature, “Bradley Gilliland,” but no one has claimed that Bradley actually signed the form.