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 the
The veteran died on May 18, 1993, and was survived by his
mother, a brother, and a sister. On October 7, 1993, the veterans
mother received Letters of Administration as Administratrix of the
estate of her son from the Register of Wills Office, [county,
A check in the amount of $17,050.00 was issued to the veteran on
the date of his death, which the veterans mother returned,
unnegotiated, to the Department of Veterans Affairs (VA).
The VA awarded the mother $3,526.00 for the expenses of her sons
last sickness and burial. As administratrix of the estate, the
veterans mother claims the amount remaining in the decedents
veterans benefits account, which the agency calculates to be
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 record shows that the mother has been duly appointed to
represent the estate of the deceased under the laws of [state].
Accordingly, the decedents remaining $13,524.00 in unpaid veterans
benefits should be paid to his mother as Administratrix of his
estate, if otherwise correct.
We are returning the file on this claim for action per our
determination. The decedents mother is being advised of our
determination by a copy of this letter.