In the Matter of a Mail Dispute Between

MARILYN T. SMITH
           and
CHRISTI LATTA

P.S. Docket No. MD 09-7

APPEARANCE FOR DISPUTANT
MARILYN TURNER SMITH:
Marilyn K. Turner Smith

APPEARANCE FOR DISPUTANT
CHRISTI LATTA:
Christi D. Latta

INITIAL DECISION

            Mail Dispute MD-09-7 has been docketed pursuant to Postal Operations Manual § 616.21 under the procedures established at 39 CFR Part 965.  The disputants are Marilyn K. (Turner) Smith and Christi Dawn Latta, both of whom claim the right to receive mail addressed individually or jointly to Robert C. Smith, deceased, at three addresses:  P.O. Box 523, Cobden, IL 62920-0523; 1805 Aldridge Road, Cobden, IL 62920-3592; and 140 Ryan Lane, Cobden, IL 62920-3635.  The Postmaster of Cobden, IL has been directed to hold the mail so addressed.

FINDINGS OF FACT

            1. Robert C. Smith died intestate on March 7, 2008 (In the Matter of the Estate of Robert C. Smith, Case No. 2008-P-43 (Circuit Court of the First Judicial Circuit, Union County, Illinois), Letters of Administration, December 17, 2008[1]; Petition of Ms. Smith for Letters of Administration, December 9, 2008).

           2. Ms. Latta is the daughter and sole legal heir of Mr. Smith (Order Declaring Heirship, December 17, 2008).

           3. Ms. (Turner) Smith was the fiancé of Mr. Smith but was otherwise unrelated to him despite the similarity of their names. She receives mail at the three addresses at issue in this mail dispute, as did Robert C. Smith. (Smith Petition; Latta Mail Dispute affidavit; Affidavit of Heirship of Ms. Latta, December 15, 2008; Referral Letter from Postal Service Law Department, December 29, 2008).

          4. On December 17, 2008, the Cobden Postmaster received a letter from Ms. Latta contesting delivery of mail addressed individually or jointly to Robert C. Smith and being received by Ms. (Turner) Smith at the three addresses at issue. In the letter, Ms. Latta asserted that such mail should be delivered to her for the administration of the estate of Robert C. Smith.

           5. The referral of this mail dispute to the Judicial Officer by Postal Service counsel was docketed on January 6, 2009. A Notice of Docketing and Submittal Due Date was issued on January 9, 2009. In accordance with applicable procedures, the Notice of Docketing and Submittal Due Date required submittals by the parties by January 27, 2009.

           6. These disputants petitioned the court responsible for the probate of Mr. Smith’s estate to be designated as the estate’s independent administrator. On December 17, 2008, the judge of the responsible circuit court issued an order declaring Ms. Latta as the only heir of Mr. Smith, and issued an order appointing Ms. Latta as the independent administrator of the estate. (Petitions of Ms. Smith and Ms. Latta; Order Declaring Heirship; Order Appointing Representative of Decedent’s Estate – Intestate).

            7. On the same date, the court issued a Letter of Administration, formally designating Ms. Latta as the independent administrator of the estate. The Letter of Administration authorized Ms. Latta to take possession of and collect the estate of Robert C. Smith and to do all acts required of her by law. (Letters of Administration).

            8. Ms. Latta requires access to mail addressed to her deceased father in order to administer his estate. She represents that she intends to forward any mail that is not related to the estate of Robert C. Smith, to counsel for Ms. (Turner) Smith. (Latta Mail Dispute Affidavit).

           9. On January 27, 2009, Ms. Latta submitted a sworn affidavit in support of her position, later supplemented with additional documents. Ms. (Turner) Smith did not submit a sworn statement or any materials in support of her position.

DECISION

            The procedures for resolution of mail disputes require the submission of sworn statements and documents relied upon by the disputants in support of their respective positions.  See 39 CFR § 965.5.  A party who fails to file the submittal required by § 965.5 may be held in default and the presiding officer may issue an initial decision that mail be delivered to the other party.  See 39 CFR § 965.7.  Here, Ms. (Turner) Smith failed to submit a sworn statement, or any explanation or document (Finding of Fact 9).  This is sufficient to find Ms. (Turner) Smith in default and to rule in favor of Ms. Latta.  In addition, Ms. Latta has submitted evidence that persuades us that a decision in her favor is appropriate.

            Postal Operations Manual § 612.42 provides that mail addressed to a deceased person may be forwarded to an appointed executor or administrator if a request is made to the post office.  Ms. Latta has been formally appointed as administrator of the estate of Robert C. Smith by the responsible Illinois court, and has made such a request (Findings of Fact 4, 6-7).  Accordingly, the disputed mail should be delivered to Ms. Latta.[2] 

            This decision only determines the right to delivery of the mail in dispute, and not ownership of the contents of such mail.  In the event that Ms. Latta receives mail intended for Ms. (Turner) Smith, she is responsible for forwarding such mail to her or her counsel.  If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order.  Postal Operations Manual § 616.3.

            This initial decision therefore recommends that the Judicial Officer issue an order directing that the Cobden Postmaster release to Ms. Latta all previously held mail, and all mail received in the future addressed to Robert C. Smith either alone as addressee or jointly for the three addresses at issue:  P.O. Box 523, Cobden, IL 62920-0523; 1805 Aldridge Road, Cobden, IL 62920-3592; and 140 Ryan Lane, Cobden, IL 62920-3635.

Gary E. Shapiro
Administrative Judge

[1] All references herein to court documents are from the certified files of the cited case, submitted by Ms. Latta.

[2] Ms. (Turner) Smith’s default in this proceeding, as well as the appointment of Ms. Latta as administrator and her request invoking Postal Operations Manual § 612.41, control over the result that otherwise may have occurred with regard to mail jointly addressed to Robert C. Smith and Ms. (Turner) Smith.  See Postal Operations Manual § 612.41 (Postal Service should deliver as addressed any mail addressed to a deceased person); Postal Operations Manual § 613.1 (neither addressee entitled to receive jointly addressed mail over the objection of the other joint addressee).