US (United States) Code. Title 20. Chapter 85: Disposition of deceased Veterans personal property

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. Acquisition and disposition of property

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 31 páginas
publicidad

-CITE-

38 USC CHAPTER 85 - DISPOSITION OF DECEASED VETERANS'

PERSONAL PROPERTY 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

-HEAD-

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

-MISC1-

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

Sec.

8501. Vesting of property left by decedents.

8502. Disposition of unclaimed personal property.

8503. Notice of provisions of this subchapter.

8504. Disposition of other unclaimed property.

8505. Sale or other disposition of property.

8506. Notice of sale.

8507. Payment of small shipping charges.

8508. Relinquishment of Federal jurisdiction.

8509. Definitions.

8510. Finality of decisions.

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

8520. Vesting of property left by decedents.

8521. Presumption of contract for disposition of personalty.

8522. Sale of assets accruing to the Fund.

8523. Disbursements from the Fund.

8524. Disposal of remaining assets.

8525. Court actions.

8526. Filing of claims for assets.

8527. Notice of provisions of subchapter.

8528. Investment of the Fund.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat.

404, substituted "DEPARTMENT" for "VETERANS' ADMINISTRATION" in

headings for subchapters I and II.

Pub. L. 102-40, title III, Sec. 305(b)(2), title IV, Sec.

402(c)(1), May 7, 1991, 105 Stat. 210, 239, renumbered items 5201

to 5228 as 8501 to 8528, respectively, and substituted "PATIENT"

for "INMATE" in heading for subchapter II.

-End-

-CITE-

38 USC SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT

FACILITY 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat.

404, substituted "DEPARTMENT" for "VETERANS' ADMINISTRATION".

-End-

-CITE-

38 USC Sec. 8501 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8501. Vesting of property left by decedents

-STATUTE-

(a) Personal property left by any decedent upon premises used as

a Department facility, which premises are subject to the exclusive

legislative jurisdiction of the United States and are within the

exterior boundaries of any State or dependency of the United

States, shall vest and be disposed of as provided in this

subchapter, except that -

(1) if such person died leaving a last will and testament

probated under the laws of the place of such person's domicile or

under the laws of the State or dependency of the United States

within the exterior boundaries of which such premises or a part

thereof may be, the personal property of such decedent situated

upon such premises shall vest in the person or persons entitled

thereto under the provisions of such last will and testament; and

(2) if such person died leaving any such property not disposed

of by a last will and testament probated in accord with the

provisions of paragraph (1) such property shall vest in the

persons entitled to take such property by inheritance under and

upon the conditions provided by the law of the decedent's

domicile. This paragraph shall not apply to property to which the

United States is entitled except where such title is divested out

of the United States.

(b) Any officer or employee of the United States in possession of

any such property may deliver same to the executor (or the

administrator with will annexed) who shall have qualified in either

jurisdiction as provided in subsection (a)(1); or if none such then

to the domiciliary administrator or to any other qualified

administrator who shall demand such property. When delivery shall

have been made to any such executor or administrator in accordance

with this subsection, neither the United States nor any officer or

employee thereof shall be liable therefor.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1256, Sec. 5201; Pub. L.

99-576, title VII, Sec. 701(93), Oct. 28, 1986, 100 Stat. 3299;

renumbered Sec. 8501, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6,

1991, 105 Stat. 404.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5201 of this title as

this section.

Subsec. (a). Pub. L. 102-83 substituted "Department" for

"Veterans' Administration" in introductory provisions.

1986 - Subsec. (a)(1). Pub. L. 99-576 substituted "such person's"

for "his".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8502 of this title.

-End-

-CITE-

38 USC Sec. 8502 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8502. Disposition of unclaimed personal property

-STATUTE-

(a) Notwithstanding the provisions of section 8501 of this title,

the Secretary may dispose of the personal property of such decedent

left or found upon such premises as hereafter provided in this

subchapter.

(b) If any veteran (admitted as a veteran), or a dependent or

survivor of a veteran receiving care under the penultimate sentence

of section 1781(b) of this title, upon such person's last admission

to, or during such person's last period of maintenance in, a

Department facility, has personal property situated on such

facility and shall have designated in writing a person (natural or

corporate) to receive such property when such veteran, dependent or

survivor dies, the Secretary or employee of the Department

authorized by the Secretary so to act, may transfer possession of

such personal property to the person so designated. If there exists

no person so designated by such veteran, dependent, or survivor or

if the one so designated declines to receive such property, or

failed to request such property within ninety days after the

Department mails to such designate a notice of death and of the

fact of such designation, a description of the property, and an

estimate of transportation cost, which shall be paid by such

designate if required under the regulations hereinafter mentioned,

or if the Secretary declines to transfer possession to such

designate, possession of such property may in the discretion of the

Secretary or the Secretary's designated subordinate, be transferred

to the following persons in the order and manner herein specified

unless the parties otherwise agree in writing delivered to the

Department, namely, executor or administrator, or if no notice of

appointment received, to the spouse, children, grandchildren,

parents, grandparents, siblings of the veteran. If claim is made by

two or more such relatives having equal priorities, as hereinabove

prescribed, or if there are conflicting claims the Secretary or the

Secretary's designee may in such case deliver the property either

jointly or separately in equal values, to those equally entitled

thereto or may make delivery as may be agreed upon by those

entitled, or may in the discretion of the Secretary or the

Secretary's designee withhold delivery from them and require the

qualification of an administrator or executor of the veterans'

estate and thereupon make delivery to such.

(c) If the property of any decedent is not so delivered or

claimed and accepted the Secretary or the Secretary's designee may

dispose of such property by public or private sale in accordance

with the provisions of this subchapter and regulations prescribed

by the Secretary.

(d) All sales authorized by this subchapter shall be for cash

upon delivery at the premises where sold and without warranty,

express or implied. The proceeds of such sales after payment of any

expenses incident thereto as may be prescribed by regulations,

together with any other moneys left or found on a facility, not

disposed of in accordance with this subchapter, shall be credited

to the General Post Fund, National Homes, Department of Veterans

Affairs, a trust fund provided for in section 1321(a)(45) of title

31. In addition to the purposes for which such fund may be used

under the existing law, disbursements may be made therefrom as

authorized by the Secretary by regulation or otherwise for the

purpose of satisfying any legal liability incurred by any employee

in administering the provisions of this subchapter, including any

expense incurred in connection therewith. Legal liability shall not

exist when delivery or sale shall have been made in accordance with

this subchapter.

(e) If, notwithstanding such sale, a claim is filed with the

Secretary within five years after notice of sale as herein

required, by or on behalf of any person or persons who if known

would have been entitled to the property under section 8501 of this

title or to possession thereof under this section, the Secretary

shall determine the person or persons entitled under the provisions

of this subchapter and may pay to such person or persons so

entitled the proceeds of sale of such property, less expenses. Such

payment shall be made out of the said trust fund, and in accord

with the provisions of this section or section 8501 of this title.

Persons under legal disability to sue in their own name may make

claim for the proceeds of sale of such property at any time within

five years after termination of such legal disability.

(f) Any such property, the sale of which is authorized under this

subchapter and which remains unsold, may be used, destroyed, or

otherwise disposed of in accordance with regulations promulgated by

the Secretary.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1257, Sec. 5202; Pub. L.

94-581, title II, Sec. 208(a), Oct. 21, 1976, 90 Stat. 2860; Pub.

L. 97-258, Sec. 3(k)(9), Sept. 13, 1982, 96 Stat. 1066; Pub. L.

99-576, title VII, Sec. 701(94), Oct. 28, 1986, 100 Stat. 3299;

renumbered Sec. 8502 and amended Pub. L. 102-40, title IV, Sec.

402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-54,

Sec. 14(f)(11), June 13, 1991, 105 Stat. 288; Pub. L. 102-83, Secs.

4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat.

404-406; Pub. L. 103-446, title XII, Sec. 1201(i)(11), Nov. 2,

1994, 108 Stat. 4689; Pub. L. 107-135, title II, Sec. 208(e)(9),

Jan. 23, 2002, 115 Stat. 2464.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-135 substituted "the penultimate

sentence of section 1781(b)" for "the last sentence of section

1713(b)".

1994 - Subsec. (d). Pub. L. 103-446 substituted "Department of

Veterans Affairs," for "Department,".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5202 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-40, Sec. 402(d)(1), substituted "8501" for "5201".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1713(b)"

for "613(b)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" and "Secretary's" for "Administrator's" wherever

appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

Pub. L. 102-54 amended subsec. (b) as in effect immediately

before the enactment of Pub. L. 102-40 by inserting a comma in

second sentence before "namely,".

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" and "Secretary's" for

"Administrator's" wherever appearing.

Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-40, Sec. 402(d)(1), substituted "8501" for "5201" in

two places.

Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1986 - Subsec. (b). Pub. L. 99-576, Sec. 701(94)(A), in first

sentence substituted "such person's last" for "his last" in two

places, inserted "has personal property situated on such facility

and" before "shall have designated", substituted "to receive such

property when such veteran, dependent or survivor dies," for "to

whom he desires his personal property situated upon such facility

to be delivered, upon the death of such veteran", and substituted

"the Administrator" for "him" after "authorized by".

Pub. L. 99-576, Sec. 701(94)(B)(i)-(iv), in second sentence

substituted "by such veteran, dependent, or survivor" for "by the

veteran", struck out "if he has" before "failed to request", and

substituted "the Administrator's" for "his" and "in writing

delivered to the Veterans' Administration" for "as provided in this

subchapter,".

Pub. L. 99-576, Sec. 701(94)(B)(v), which directed that second

sentence of subsec. (b) be amended by substituting "children,

grandchildren, parents, grandparents, siblings" for "child,

grandchild, mother, father, grandmother, grandfather, brother or

sister", was executed by substituting the new provisions for

"child, grandchild, mother, father, grandmother, grandfather,

brother, or sister", to reflect the probable intent of Congress and

the fact that a comma appears after "brother" in the former

provisions.

Pub. L. 99-576, Sec. 701(94)(C), struck out third sentence which

read as follows: "In case two or more of those named above request

the property, only one shall be entitled to possession thereof and

in the order hereinbefore set forth, unless they otherwise agree in

writing delivered to the Veterans' Administration."

Pub. L. 99-576, Sec. 701(94)(D), in fourth sentence substituted

"the Administrator's designee may in such case deliver the property

either jointly or separately in equal values, to those equally

entitled thereto" for "his designee may in such case select the one

to receive such possession," and "in the discretion of the

Administrator or the Administrator's designee" for "in his

discretion".

Subsec. (c). Pub. L. 99-576, Sec. 701(94)(E), substituted "the

Administrator's" for "his".

1982 - Subsec. (d). Pub. L. 97-258 substituted "section

1321(a)(45) of title 31" for "section 725s(a)(45) of title 31".

1976 - Subsec. (b). Pub. L. 94-581 inserted "or a dependent or

survivor of a veteran receiving care under the last sentence of

section 613(b) of this title," after "(admitted as a veteran),".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 8505 of this title.

-End-

-CITE-

38 USC Sec. 8503 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8503. Notice of provisions of this subchapter

-STATUTE-

All persons having or bringing personal property on the premises

of a Department facility shall be given reasonable notice of the

provisions of this subchapter. In case of a mentally incompetent

person, notice hereof shall be given the guardian or other person

having custody or control of such person or, if none, to such

person's nearest relative if known. The admission to or continued

maintenance in such facility after reasonable notice of the

provisions of this subchapter shall constitute consent to the

provisions hereof. The death of any person on any such facility or

the leaving of property thereon shall be prima facie evidence of a

valid agreement for the disposition of such property in accordance

with the provisions of this subchapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1258, Sec. 5203; Pub. L.

99-576, title VII, Sec. 701(95), Oct. 28, 1986, 100 Stat. 3300;

renumbered Sec. 8503, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6,

1991, 105 Stat. 404.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5203 of this title as

this section.

Pub. L. 102-83 substituted "Department" for "Veterans'

Administration".

1986 - Pub. L. 99-576 substituted "such person's" for "his" in

second sentence.

-End-

-CITE-

38 USC Sec. 8504 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8504. Disposition of other unclaimed property

-STATUTE-

Any other unclaimed property found on the premises under the

control of the Department shall be stored by the officer in charge

of such premises and may be sold, used, destroyed, or otherwise

disposed of in accordance with regulations promulgated by the

Secretary if the owner thereof fails to claim same within ninety

days. If undisposed of, the same may be reclaimed by the owner,

such person's personal representative or next of kin, upon payment

of reasonable storage charges prescribed by regulations. If sold,

the net proceeds thereof shall be credited to said post fund to be

expended as other assets of such fund. The person who was entitled

to such property, or such person's legal representative, or

assignee, shall be paid the proceeds of sale thereof, less expenses

if claim therefor be made within five years from the date of

finding. If the owner shall have died intestate without creditors

or next of kin surviving, such proceeds shall not be paid to such

person's legal representative.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1258, Sec. 5204; Pub. L.

99-576, title VII, Sec. 701(96), Oct. 28, 1986, 100 Stat. 3300;

renumbered Sec. 8504, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5204 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" and

"Department" for "Veterans' Administration".

1986 - Pub. L. 99-576 substituted "such person's" for "his" in

three places.

-End-

-CITE-

38 USC Sec. 8505 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8505. Sale or other disposition of property

-STATUTE-

Any unclaimed personal property as described in section 8502 of

this title of veterans who have heretofore died or who may

hereafter die while maintained as such in a Department facility,

and also any unclaimed property heretofore or hereafter found or

situated in such facility, may be sold, used, destroyed, or

otherwise disposed of in accordance with this subchapter, and

subject to regulations promulgated by the Secretary pursuant

hereto; and the net proceeds of sale thereof shall be credited and

be subject to disbursement as provided in this subchapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1258, Sec. 5205;

renumbered Sec. 8505 and amended Pub. L. 102-40, title IV, Sec.

402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83,

Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,

405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5205 of this title as

this section and substituted "8502" for "5202".

Pub. L. 102-83 substituted "Secretary" for "Administrator" and

"Department" for "Veterans' Administration".

-End-

-CITE-

38 USC Sec. 8506 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8506. Notice of sale

-STATUTE-

At least ninety days before any sale pursuant to this subchapter,

written or printed notice thereof describing the property to be

sold shall be mailed to the owner of the property or, if deceased,

to the owner's executor or administrator, or to the nearest kin, if

any such appear by the records of the Department. If none such

appears from said records, similar notice shall be posted at the

facility where the death occurred or property shall have been found

(if in existence) and at the place where such property is situated

at the time of such notice, and also at the place where probate

notices are posted in the county wherein the sale is to be had. The

person posting such notice shall make an affidavit setting forth

the time and place of such posting and attaching thereto a copy of

such notice, and such affidavit shall be prima facie evidence of

such posting and admissible in evidence as proof of the same.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1258, Sec. 5206; Pub. L.

99-576, title VII, Sec. 701(97), Oct. 28, 1986, 100 Stat. 3300;

renumbered Sec. 8506, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6,

1991, 105 Stat. 404.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5206 of this title as

this section.

Pub. L. 102-83 substituted "Department" for "Veterans'

Administration".

1986 - Pub. L. 99-576 substituted "the owner's" for "his" before

"executor".

-End-

-CITE-

38 USC Sec. 8507 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8507. Payment of small shipping charges

-STATUTE-

Upon receipt of a proper claim for such property under the

provisions of this subchapter the Secretary is hereby authorized,

in the Secretary's discretion and in accordance with regulations

prescribed by the Secretary, to pay mailing or shipping charges not

to exceed $25 in the case of each deceased veteran as hereinabove

defined.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1259, Sec. 5207; Pub. L.

99-576, title VII, Sec. 701(98), Oct. 28, 1986, 100 Stat. 3300;

renumbered Sec. 8507, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5207 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" in two

places and "Secretary's" for "Administrator's".

1986 - Pub. L. 99-576 substituted "the Administrator's" for "his"

and "prescribed by the Administrator" for "by him promulgated".

-End-

-CITE-

38 USC Sec. 8508 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8508. Relinquishment of Federal jurisdiction

-STATUTE-

Subject to the provisions of this subchapter and to the extent

necessary to effectuate the purposes of this subchapter, there is

hereby relinquished to the respective State or dependency of the

United States such jurisdiction pertaining to the administration of

estates of decedents as may have been ceded to the United States by

said State or dependency of the United States respecting the

Federal reservation on which is situated any Department facility

while such facility is operated by the Department; such

jurisdiction with respect to any such property on any such

reservation to be to the same extent as if such premises had not

been ceded to the United States. Nothing in this section shall be

construed to deprive any State or dependency of the United States

of any jurisdiction which it now has nor to give any State,

possession, or dependency of the United States authority over any

Federal official as such on such premises or otherwise.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1259, Sec. 5208;

renumbered Sec. 8508, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6,

1991, 105 Stat. 404.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5208 of this title as

this section.

Pub. L. 102-83 substituted "Department" for "Veterans'

Administration" in two places.

-End-

-CITE-

38 USC Sec. 8509 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8509. Definitions

-STATUTE-

The term "facility" or "Department facility" as used in this

subchapter means those facilities over which the Department has

direct and exclusive administrative jurisdiction, including

hospitals or other facilities on property owned or leased by the

United States while operated by the Department.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1259, Sec. 5209;

renumbered Sec. 8509, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6,

1991, 105 Stat. 404.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5209 of this title as

this section.

Pub. L. 102-83 substituted "Department" for "Veterans'

Administration" wherever appearing.

-End-

-CITE-

38 USC Sec. 8510 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER I - PROPERTY LEFT ON DEPARTMENT FACILITY

-HEAD-

Sec. 8510. Finality of decisions

-STATUTE-

Decisions by the Secretary under this subchapter shall not be

reviewable administratively by any other officer of the United

States.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1259, Sec. 5210;

renumbered Sec. 8510, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5210 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator".

-End-

-CITE-

38 USC SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT

FACILITY 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat.

404, substituted "DEPARTMENT" for "VETERANS' ADMINISTRATION".

Pub. L. 102-40, title III, Sec. 305(b)(1), May 7, 1991, 105 Stat.

210, substituted "PATIENT" for "INMATE".

-End-

-CITE-

38 USC Sec. 8520 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

Sec. 8520. Vesting of property left by decedents

-STATUTE-

(a) Whenever any veteran (admitted as a veteran), or a dependent

or survivor of a veteran receiving care under the penultimate

sentence of section 1781(b) of this title, shall die while a member

or patient in any facility, or any hospital while being furnished

care or treatment therein by the Department, and shall not leave

any surviving spouse, next of kin, or heirs entitled, under the

laws of the decedent's domicile, to the decedent's personal

property as to which such person dies intestate, all such property,

including money and choses in action, owned by such person at the

time of death and not disposed of by will or otherwise, shall

immediately vest in and become the property of the United States as

trustee for the sole use and benefit of the General Post Fund

(hereinafter in this subchapter referred to as the "Fund"), a trust

fund prescribed by section 1321(a)(45) of title 31.

(b) The provisions of subsection (a) are conditions precedent to

the initial, and also to the further furnishing of care or

treatment by the Department in a facility or hospital. The

acceptance and the continued acceptance of care or treatment by any

veteran (admitted as a veteran to a Department facility or

hospital) shall constitute an acceptance of the provisions and

conditions of this subchapter and have the effect of an assignment,

effective at such person's death, of such assets in accordance with

and subject to the provisions of this subchapter and regulations

issued in accordance with this subchapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1259, Sec. 5220; Pub. L.

94-581, title II, Sec. 208(b), Oct. 21, 1976, 90 Stat. 2860; Pub.

L. 97-258, Sec. 3(k)(9), Sept. 13, 1982, 96 Stat. 1066; Pub. L.

99-576, title VII, Sec. 701(99), Oct. 28, 1986, 100 Stat. 3300;

renumbered Sec. 8520, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Secs. 4(a)(3), (4),

5(c)(1), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 107-14, Sec.

8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 107-135, title II,

Sec. 208(e)(9), Jan. 23, 2002, 115 Stat. 2464.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-135 substituted "the penultimate

sentence of section 1781(b)" for "the last sentence of section

1713(b)".

2001 - Subsec. (a). Pub. L. 107-14 substituted "hereinafter" for

"hereafter".

1991 - Pub. L. 102-40 renumbered section 5220 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1713(b)"

for "613(b)".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Subsec. (b). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration" in two places.

1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(99)(A), substituted

"any surviving" for "surviving him any", "the decedent's" for "his"

in two places, "such person" for "he", and "owned by such person"

for "owned by him".

Subsec. (b). Pub. L. 99-576, Sec. 701(99)(B), substituted "such

person's" for "his".

1982 - Subsec. (a). Pub. L. 97-258 substituted "section

1321(a)(45) of title 31" for "section 725s(a)(45) of title 31".

1976 - Subsec. (a). Pub. L. 94-581 inserted ", or a dependent or

survivor of a veteran receiving care under the last sentence of

section 613(b) of this title," after "(admitted as a veteran)".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8521, 8526 of this title.

-End-

-CITE-

38 USC Sec. 8521 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

Sec. 8521. Presumption of contract for disposition of personalty

-STATUTE-

The fact of death of a veteran (admitted as such), or a dependent

or survivor of a veteran receiving care under the penultimate

sentence of section 1781(b) of this title, in a facility or

hospital, while being furnished care or treatment therein by the

Department, leaving no spouse, next of kin, or heirs, shall give

rise to a conclusive presumption of a valid contract for the

disposition in accordance with this subchapter, but subject to its

conditions, of all property described in section 8520 of this title

owned by said decedent at death and as to which such person dies

intestate.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1260, Sec. 5221; Pub. L.

94-581, title II, Sec. 208(c), Oct. 21, 1976, 90 Stat. 2860; Pub.

L. 99-576, title VII, Sec. 701(100), Oct. 28, 1986, 100 Stat. 3300;

renumbered Sec. 8521 and amended Pub. L. 102-40, title IV, Sec.

402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83,

Secs. 4(a)(3), (4), 5(c)(1), Aug. 6, 1991, 105 Stat. 404, 406; Pub.

L. 107-135, title II, Sec. 208(e)(9), Jan. 23, 2002, 115 Stat.

2464.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-135 substituted "the penultimate sentence of

section 1781(b)" for "the last sentence of section 1713(b)".

1991 - Pub. L. 102-40 renumbered section 5221 of this title as

this section and substituted "8520" for "5220".

Pub. L. 102-83 substituted "1713(b)" for "613(b)" and

"Department" for "Veterans' Administration".

1986 - Pub. L. 99-576 substituted "such person" for "he".

1976 - Pub. L. 94-581 inserted ", or a dependent or survivor of a

veteran receiving care under the last sentence of section 613(b) of

this title," after "(admitted as such)".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

-End-

-CITE-

38 USC Sec. 8522 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

Sec. 8522. Sale of assets accruing to the Fund

-STATUTE-

Any assets heretofore or hereafter accruing to the benefit of the

Fund, other than money, but including jewelry and other personal

effects, may be sold at the times and places and in the manner

prescribed by regulations issued by the Secretary. Upon receipt of

the purchase price the Secretary is authorized to deliver at the

place of sale, said property sold, and upon request to execute and

deliver appropriate assignments or other conveyances thereof in the

name of the United States, which shall pass to the purchaser such

title as decedent had at date of death. The net proceeds after

paying any proper sales expense as determined by the Secretary

shall forthwith be paid to the Treasurer of the United States to

the credit of the Fund; and may be disbursed as are other moneys in

the Fund by the Division of Disbursements, Treasury Department,

upon order of said Secretary. Articles of personal adornment which

are obviously of sentimental value, shall be retained and not sold

or otherwise disposed of until the expiration of five years from

the date of death of the veteran, without a claim therefor, unless

for sanitary or other proper reasons it is deemed unsafe to retain

same, in which event they may be destroyed forthwith. Any other

articles coming into possession of the Secretary or the Secretary's

representative by virtue of this subchapter which, under

regulations promulgated by the Secretary, are determined to be

unsalable may be destroyed forthwith or at the time prescribed by

regulations, or may be used for the purposes for which

disbursements might properly be made from the Fund, or if not

usable, otherwise disposed of in accordance with regulations.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1260, Sec. 5222; Pub. L.

99-576, title VII, Sec. 701(101), Oct. 28, 1986, 100 Stat. 3300;

renumbered Sec. 8522, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5222 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" and

"Secretary's" for "Administrator's" wherever appearing.

1986 - Pub. L. 99-576 substituted "the Administrator" for "he" in

second sentence, and "the Administrator's" for "his" in last

sentence.

-TRANS-

TRANSFER OF FUNCTIONS

Division of Disbursements of Treasury Department consolidated

into Fiscal Service of Treasury Department by section 1(a)(1) of

Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54

Stat. 1231, set out in the Appendix to Title 5, Government

Organization and Employees. See section 306 of Title 31, Money and

Finance.

-End-

-CITE-

38 USC Sec. 8523 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

Sec. 8523. Disbursements from the Fund

-STATUTE-

Disbursements from the Fund shall be made by the Division of

Disbursements, Treasury Department, upon the order and within the

discretion of the Secretary for the benefit of members and patients

while being supplied care or treatment by the Department in any

facility or hospital. The authority contained in the preceding

sentence is not limited to facilities or hospitals under direct

administrative control of the Department. There shall be paid out

of the assets of the decedent so far as may be the valid claims of

creditors against the decedent's estate that would be legally

payable therefrom in the absence of this subchapter and without the

benefit of any exemption statute, and which may be presented to the

Department within one year from the date of death, or within the

time, to the person, and in the manner required or permitted by the

law of the State wherein administration, if any, is had upon the

estate of the deceased veteran; and also the proper expenses and

costs of administration, if any. If the decedent's estate is

insolvent the distribution to creditors shall be in accordance with

the laws of the decedent's domicile, and the preferences and

priorities prescribed thereby shall govern, subject to any

applicable law of the United States.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1260, Sec. 5223; Pub. L.

99-576, title VII, Sec. 701(102), Oct. 28, 1986, 100 Stat. 3300;

renumbered Sec. 8523, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5223 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" and

"Department" for "Veterans' Administration" wherever appearing.

1986 - Pub. L. 99-576 substituted "the decedent's" for "his" in

two places.

-TRANS-

TRANSFER OF FUNCTIONS

Division of Disbursements of Treasury Department consolidated

into Fiscal Service of Treasury Department by section 1(a)(1) of

Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54

Stat. 1231, set out in the Appendix to Title 5, Government

Organization and Employees. See section 306 of Title 31, Money and

Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8303 of this title.

-End-

-CITE-

38 USC Sec. 8524 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

Sec. 8524. Disposal of remaining assets

-STATUTE-

The remainder of such assets or their proceeds shall become

assets of the United States as trustee for the Fund and disposed of

in accordance with this subchapter. If there is administration upon

the decedent's estate such assets, other than money, upon claim

therefor within the time required by law, shall be delivered by the

administrator of the estate to the Secretary or the Secretary's

authorized representative, as upon final distribution; and upon the

same claim there shall be paid to the Treasurer of the United

States for credit to the Fund any such money, available for final

distribution. In the absence of administration, any money, chose in

action, or other property of the deceased veteran held by any

person shall be paid or transferred to the Secretary upon demand by

the Secretary or the Secretary's duly authorized representative,

who shall deliver itemized receipt therefor. Such payment or

transfer shall constitute a complete acquittance of the transferor

with respect to any claims by any administrator, creditor, or next

of kin of such decedent.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1261, Sec. 5224; Pub. L.

99-576, title VII, Sec. 701(103), Oct. 28, 1986, 100 Stat. 3300;

renumbered Sec. 8524, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5224 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" and

"Secretary's" for "Administrator's" wherever appearing.

1986 - Pub. L. 99-576 substituted "the Administrator's" for "his"

in two places, and "the Administrator" for "him".

-End-

-CITE-

38 USC Sec. 8525 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

Sec. 8525. Court actions

-STATUTE-

If necessary to obtain such assets the Secretary, through the

Secretary's authorized attorneys, may bring and prosecute

appropriate actions at law or other legal proceedings, the costs

and expenses thereof to be paid as are other administrative

expenses of the Department.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1261, Sec. 5225; Pub. L.

99-576, title VII, Sec. 701(104), Oct. 28, 1986, 100 Stat. 3301;

renumbered Sec. 8525, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5225 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator",

"Secretary's" for "Administrator's", and "Department" for

"Veterans' Administration".

1986 - Pub. L. 99-576 substituted "the Administrator's" for

"his".

-End-

-CITE-

38 USC Sec. 8526 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

Sec. 8526. Filing of claims for assets

-STATUTE-

Notwithstanding the crediting to said Fund of the assets, or

proceeds thereof, of any decedent, whether upon determination by a

court or the Department pursuant to the provisions of section 8520

of this title, any person claiming a right to such assets may

within five years after the death of the decedent file a claim on

behalf of such person and any other claiming with the Secretary.

Upon receipt of due proof that any person was at date of death of

the veteran entitled to the veteran's personal property, or a part

thereof, under the laws of the State of domicile of the decedent,

the Secretary may pay out of the Fund, but not to exceed the net

amount credited thereto from said decedent's estate less any

necessary expenses, the amount to which such person, or persons,

was or were so entitled, and upon similar claim any assets of the

decedent which shall not have been disposed of shall be delivered

in kind to the parties legally entitled thereto. If any person so

entitled is under legal disability at the date of death of such

decedent, such five-year period of limitation shall run from the

termination or removal of legal disability. In the event of doubt

as to entitlement, the Secretary may cause administration or other

appropriate proceedings to be instituted in any court having

jurisdiction. In determining questions of fact or law involved in

the adjudication of claims made under this section, no judgment,

decree, or order entered in any action at law, suit in equity, or

other legal proceeding of any character purporting to determine

entitlement to said assets or any part thereof, shall be binding

upon the United States or the Secretary or determinative of any

fact or question involving entitlement to any such property or the

proceeds thereof, or any part of the Fund, unless the Secretary has

been seasonably served with notice and permitted to become a party

to such suit or proceeding if the Secretary makes a request

therefor within thirty days after such notice. Notice may be served

in person or by registered mail or by certified mail upon the

Secretary, or upon the Secretary's authorized attorney in the State

wherein the action or proceedings may be pending. Notice may be

waived by the Secretary or by the Secretary's authorized attorney,

in which event the finding, judgment, or decree shall have the same

effect as if the Secretary were a party and served with notice. Any

necessary court costs or expenses if authorized by the Secretary

may be paid as are other administrative expenses of the Department.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1261, Sec. 5226; Pub. L.

86-507, Sec. 1(33), June 11, 1960, 74 Stat. 202; Pub. L. 99-576,

title VII, Sec. 701(105), Oct. 28, 1986, 100 Stat. 3301; renumbered

Sec. 8526 and amended Pub. L. 102-40, title IV, Sec. 402(b)(1),

(d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83, Sec.

4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5226 of this title as

this section and substituted "8520" for "5220".

Pub. L. 102-83 substituted "Secretary" for "Administrator",

"Secretary's" for "Administrator's", and "Department" for

"Veterans' Administration" wherever appearing.

1986 - Pub. L. 99-576 substituted "such person" for "himself" in

first sentence, "the veteran's" for "his" in second sentence, "the

Administrator" for "he" in fifth sentence, and "the Administrator's

authorized" for "his authorized" in sixth and seventh sentences.

1960 - Pub. L. 86-507 inserted "or by certified mail" after

"registered mail".

-End-

-CITE-

38 USC Sec. 8527 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

Sec. 8527. Notice of provisions of subchapter

-STATUTE-

The Secretary shall prescribe a form of application for hospital

treatment and domiciliary care which shall include notice of the

provisions of this subchapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1262, Sec. 5227;

renumbered Sec. 8527, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5227 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator".

-End-

-CITE-

38 USC Sec. 8528 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 85 - DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY

SUBCHAPTER II - DEATH WHILE PATIENT OF DEPARTMENT FACILITY

-HEAD-

Sec. 8528. Investment of the Fund

-STATUTE-

Money in the Fund not required for current disbursements may be

invested and reinvested by the Secretary of the Treasury in

interest-bearing obligations of the United States or in obligations

guaranteed as to both principal and interest by the United States.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1262, Sec. 5228;

renumbered Sec. 8528, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5228 of this title as

this section.

-End-