[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR153.4]



[Page 397]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 153_ASSISTANCE PROGRAM UNDER THE 9/11 HEROES STAMP ACT OF 2001

--Table of Contents

 

Sec. 153.4  Personal representative.



    (a) In general. A personal representative will be recognized by FEMA 

as follows:

    (1) An individual appointed by a court of competent jurisdiction as 

the 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, then the personal representative selected by the Special Master 

will be recognized as the personal representative for the purposes of 

compensation under the Heroes Stamp Act.

    (3) In the event that no personal representative or executor or 

administrator has been appointed by any court of competent jurisdiction, 

such issues are not the subject of pending litigation or other dispute 

and the Special Master did not select a personal representative, FEMA, 

may, in its discretion, determine whether to recognize any individual or 

entity as a personal representative and the identity of the personal 

representative.

    (b) Disputes regarding personal representative. FEMA 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, FEMA may suspend 

adjudication of the claim or if sufficient information is provided, 

authorize payment, but place any payment in escrow until the dispute is 

resolved either by agreement of the disputing parties or by a court of 

competent jurisdiction.