38 U.S.C. § 5122
Cancellation of checks mailed to deceased payees
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 the duly appointed representative of the payee’s estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in section 5121 of this title, without regard to section 5121(c) of this title. Any amount not paid in the manner provided in section 5121 of this title shall be paid to the estate of the deceased payee unless the estate will escheat.
Notes of Decisions
Cited in 2
cases, 2002–2014 · leading case: Wilkes v. Principi, 16 Vet. App. 237 (Vet. App. 2002).
Wilkes v. Principi, 16 Vet. App. 237 (Vet. App. 2002). “1000 but one under 38 U.S.C. § 5122 and 38 C.F.R. § 3.1003 and that, under the latter provisions, the estate was entitled to the $109,464.”
Sherman E. Morris v. Eric K. Shinseki, 26 Vet. App. 494 (Vet. App. 2014). “" 38 U.S.C. § 5122 . However, even in such a case, Congress mandated that the estate will be paid only the amount, if any, not paid to those listed in section 5121.”
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