Office of the General Counsel
Date: January 8, 1999
Matter of: [xxx]
File Number: S98002222
OPM Contact: Jo-Ann Chabot
This responds to a request for assistance in determining the
disposition of unnegotiated veterans benefits. We have determined
that the amount at issue should be paid to the Estate of [xxx].
[Xxx], the veteran, died on September 25, 1997. He was survived
by one daughter, [xxx], and one son, [xxx]. On October 3, 1997,
[xxx], Esq., received Letters Testamentary as Executor of the
veteran's estate from the Register for the Probate of Wills, [xxx]
County, [xxx].
The Executor of the deceased veteran's estate returned to the
[agency] four unnegotiated checks totaling $[xxx]. The [agency]
payed $[xxx] to the estate as reimbursement for funeral expenses,
and the Executor claims the remaining $[xxx].
Title 38, United States Code (U.S.C.), section 5122, states in
part that a check received by a payee in payment of accrued
benefits shall, if the payee died on or after the last day of the
period covered by the check, be returned to the issuing office and
canceled, unless negotiated by the payee or duly appointed
representative of the payee's estate.
The record shows that [xxx] has been duly appointed to represent
the Estate of [xxx] under the laws of [xxx]. Accordingly, the
decedent's remaining $[xxx] in unpaid veterans benefits should be
paid to [xxx] as Executor of the Estate of [xxx], if otherwise
correct.
We are returning the file on this claim for action per our
determination. The Executor of the deceased veteran's estate is
being advised of our determination by a copy of this letter.