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.