dojW000712.xml

dojW000712.xml

born-digital

email

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2001-11-26

Monday, November 26, 2001 9:20 PM

Comments Regarding September 11 Compensation Program



To: Kenneth L. Zwick, Director

Office of Management Programs

U. S. Department of Justice



Toronto, Ontario



Dear Mr. Zwick:



We are acting for the surviving spouses of two victims of the terrorist attacks which took place on September 11, 2001. Both men were residents of Toronto, Ontario, Canada and were in the World Trade Center on business when the attacks took place. Death certificates have already been issued by the City of New York to each of our clients in respect of their husband's deaths.



We became aware late today that the opportunity was being given to the public to submit comments regarding the substantive and procedural rules relating to the program being established by Congress to compensate the September 11th victims (the "Program").



On behalf of our clients, we wish to make two brief submissions regarding the Program:



1. Our clients' husbands were not American citizens or American residents but their deaths at the World Trade Center in New York were no less tragic than those of the many Americans who died on September 11th. Their surviving families suffer the same losses as their American counterparts. We hope that the compensation which will be offered under the Program will be extended to the families of all victims, regardless of citizenship or residency.



2. The Press Release indicates that compensation under the Program will be payable to the personal representatives of deceased victims. In the case of our clients, both of their respective husbands died "intestate" or without a will. In both cases, it has not been necessary for our clients to apply to the Court to be appointed personal representative of the estate as most of the deceased victim's assets were held jointly with the spouse with right of survivorship or the surviving spouse was designated as beneficiary of assets such as life insurance and retirement savings plans. The surviving spouse was automatically entitled to the joint assets and insurance proceeds were payable to the spouse directly rather than to the deceased's estate. There are little or no assets in either of the deceased victims' estates.



If the compensation under the Program is only payable to the personal representative of the deceased victim's estate, it will be necessary for our clients to apply to the Court to be appointed personal representative. This will potentially delay the payment of compensation and will result in the compensation payable to our clients being subject to Ontario Estate Administration Tax.



We hope that consideration will be given to the payment of compensation directly to surviving spouses who are the sole beneficiaries of the deceased victim's estate under the applicable laws of intestate succession rather than just to the personal representative of the estate. Under Ontario law, the surviving spouse would be the sole beneficiary of the estate if the deceased was survivived by a legally married spouse but no children.



Under Ontario law, if the deceased was survived by a child as well as a spouse, the child would only be entitled to share in the portion of the net estate which exceeded $200,000.00 (Cdn). Depending upon the value of the deceased victim's net estate, the surviving spouse might still be entitled to receive all of the compensation payable under the Program. In the event that a portion was payable to a minor child, however, the child's entitlement could be paid to the spouse to administer for the child if the spouse had been appointed as guardian of the child's property.



Further submissions or information

We appreciate being given the opportunity to provide our comments respecting the Program prior to the issuance of the applicable Regulations. We trust that the Program will be inclusive and will benefit all victims who wish to pursue alternatives to tort litigation. Should you require any further information or clarification of the points set out above, including specific information concerning our clients, please contact the undersigned at the above-noted mailing address or by fax at or by e-mail at



Thank you for your consideration.



Individual Comment

2001-11-26