[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR104.4]

[Page 428-429]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 104--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001--Table of Contents
 
                     Subpart A--General; Eligibility
 
Sec. 104.4  Personal Representative.

    (a) In general. The Personal Representative shall be:
    (1) An individual appointed by a court of competent jurisdiction as 
the

[[Page 429]]

Personal Representative of the decedent or as the executor or 
administrator of the decedent's will or estate.
    (2) In the event that no Personal Representative or executor or 
administrator has been appointed by any court of competent jurisdiction, 
and such issue is not the subject of pending litigation or other 
dispute, the Special Master may, in his discretion, determine that the 
Personal Representative for purposes of compensation by the Fund is the 
person named by the decedent in the decedent's will as the executor or 
administrator of the decedent's estate. In the event no will exists, the 
Special Master may, in his discretion, determine that the Personal 
Representative for purposes of compensation by the Fund is the first 
person in the line of succession established by the laws of the 
decedent's domicile governing intestacy.
    (b) Notice to beneficiaries. Any purported Personal Representative 
must, before filing an Eligibility Form, provide written notice of the 
claim (including a designated portion of the Eligibility Form) to the 
immediate family of the decedent (including, but not limited to, the 
decedent's spouse, former spouses, children, other dependents, and 
parents), to the executor, administrator, and beneficiaries of the 
decedent's will, and to any other persons who may reasonably be expected 
to assert an interest in an award or to have a cause of action to 
recover damages relating to the wrongful death of the decedent. Personal 
delivery or transmission by certified mail, return receipt requested, 
shall be deemed sufficient notice under this provision. The claim forms 
shall require that the purported Personal Representative certify that 
such notice (or other notice that the Special Master deems appropriate) 
has been given. In addition, as provided in Sec. 104.21(b)(5) of this 
part, the Special Master may publish a list of individuals who have 
filed Eligibility Forms and the names of the victims for whom 
compensation is sought, but shall not publish the content of any such 
form.
    (c) Objections to Personal Representatives. Objections to the 
authority of an individual to file as the Personal Representative of a 
decedent may be filed with the Special Master by parties who assert a 
financial interest in the award up to 30 days following the filing by 
the Personal Representative. If timely filed, such objections shall be 
treated as evidence of a ``dispute'' pursuant to paragraph (d) of this 
section.
    (d) Disputes as to identity. The Special Master shall not be 
required to arbitrate, litigate, or otherwise resolve any dispute as to 
the identity of the Personal Representative. In the event of a dispute 
over the appropriate Personal Representative, the Special Master may 
suspend adjudication of the claim or, if sufficient information is 
provided, calculate the appropriate award and authorize payment, but 
place in escrow any payment until the dispute is resolved either by 
agreement of the disputing parties or by a court of competent 
jurisdiction. Alternatively, the disputing parties may agree in writing 
to the identity of a Personal Representative to act on their behalf, who 
may seek and accept payment from the Fund while the disputing parties 
work to settle their dispute.