Office of the General Counsel

Date: [xxx]
Matter of: [xxx]
File Number: S000877

309/242

[agency]

Re: Estate of [xxx]

We have considered the claim of [xxx] as Administrator of the Estate of [xxx] for the remaining unnegotiated benefits checks of [xxx], deceased. We have determined that the amount at issue should be paid to the Estate of [xxx]. Pursuant to section 211 of Public Law 104-53 of November 19, 1995, Mr. [xxx]s claim was transferred from the General Accounting Office to the Office of Personnel Management.

The record shows that[xxx] was the widow of veteran [xxx]. Mrs. [xxx] died on January 27, 1997, she was survived by a nephew, [xxx]. On February 7, 1997, the [xxx] County Surrogate Court issued Letters Testamentary to[xxx] as the executor of the estate of[xxx]. Mr.[xxx] returned to your agency fifteen veterans spouses benefits checks totaling $13,258.00 that had been issued to Mrs. [xxx], but had not been negotiated before her death.

A claim for that amount has been received from Mr.[xxx], as Administrator of the decedents estate. Your agency paid $4,667.00 to the estate for the funeral expenses and submitted to our Office the matter of disposition of the remaining $8,591.00.

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 payees estate.

The present record before us shows that[xxx] has been duly appointed to represent the estate of[xxx], deceased, under the laws of New Jersey. Accordingly, the decedents remaining $8,591.00 in unpaid veterans benefits should be paid to Mr.[xxx]as Administrator of the Estate of[xxx], if otherwise correct.

We are returning the file on this claim for action per our determination. Mr.[xxx] is being advised of our determination by a copy of this letter.

Sincerely,

Joann Charleston
Adjudicator

Enclosure

cc: xxx
cc: xxx