In the Matter of a Mail Dispute ) November 14, 1997 Between ) ) LEONARD H. MAYER, JR. ) ) and ) ) PEARL H. MAYER ) P.S. Docket No. MD 97-352 APPEARANCE FOR DISPUTANT Mark Valen, Esq. LEONARD H. MAYER, JR.: 108 Water Street Jackson, CA 95642-2318 APPEARANCE FOR DISPUTANT Edwin H. Adams, Esq. PEARL H. MAYER: 116 Court Street P. O. Box 852 San Andreas, CA 95249-0852
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual, Issue 7, August 1, 1996, Section 616.21 which requires Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Leonard H. Mayer, Sr., 52 Frontier Dr., Jackson, CA 95642-2608. The mail is currently being held by the Jackson Postmaster.
Disputant Leonard H. Mayer, Jr., submitted an unsworn statement in response to the Notice of Docketing. Disputant Pearl H. Mayer made no submittal. The following findings of fact are based on the material submitted by Mr. Mayer and material forwarded by the United States Postal Service Law Department, San Francisco Office.
FINDINGS OF FACT
1. In May 1994, Leonard H. Mayer, Sr. established the Leonard H. Mayer Living Trust. In an amendment to the trust, executed on June 19, 1997, Leonard Mayer, Sr. as settlor and trustee provided that Disputant Leonard H. Mayer, Jr. was to become the trustee of the Trust upon the death of Leonard H. Mayer, Sr. Disputant Leonard Mayer was also designated the sole beneficiary of the Trust, to the specific exclusion of Disputant Pearl Mayer, the wife of Leonard H. Mayer, Sr.
2. Leonard H. Mayer, Sr. died on July 13, 1997. Accordingly, under the terms of the Trust, Disputant Leonard Mayer became trustee.
3. Section D042.2.4 of the Domestic Mail Manual (DMM) provides that mail addressed to deceased persons,
"...may be received at the address of the deceased by anyone who would normally receive the addressee's mail at that address. It may also be forwarded to a different address, such as that of an appointed executor or administrator, if an order of request is filed at the post office."
4. Disputant Leonard Mayer lives at the disputed address, which is the address used by Leonard H. Mayer, Sr. before his death.
5. On August 8, 1997, Disputant Pearl H. Mayer filed a change of address order, directing that mail addressed to Leonard H. Mayer, Sr. at the disputed address be forwarded to P.O. Box 125, Jackson, CA 95642, thereby precipitating this mail dispute. The record contains no evidence that Disputant Pearl H. Mayer has been appointed executor or administrator of the estate of Leonard H. Mayer, Sr.
DECISION
The record indicates that Disputant Leonard Mayer is the trustee of the Leonard H. Mayer Living Trust, which Trust owned certain unspecified property. Therefore, to the extent necessary for Disputant Leonard Mayer to administer or wind up the affairs of the Trust, he should receive mail addressed to Leonard H. Mayer, Sr., but related to property owned by the Trust.
Further, Disputant Leonard Mayer lives at the address used by Leonard H. Mayer, Sr. at the time of his death and would normally receive mail addressed to that address. Therefore, under DMM §D042.2.4 Disputant Leonard Mayer would normally receive mail addressed to Leonard H. Mayer, Sr. and unrelated to the Trust, unless a change of address order had been filed by a person holding the position of executor or administrator of his estate. Since there is no evidence that Disputant Pearl Mayer holds such a position, she is not authorized to direct that mail addressed to Leonard H. Mayer, Sr. be forwarded, and such mail should continue to be delivered to the disputed address.
This decision addresses only the delivery of mail and not its ownership. Accordingly, if Disputant Leonard Mayer receives mail intended for Disputant Pearl Mayer, he should have that mail forwarded to her promptly.
The attached Delivery Order should be issued.
David I. Brochstein Administrative Judge