38-U.S.C.-8520

38-U.S.C.-8520

§8520 – Vesting of Property Left By Decedents

Pathway

Title 38 > Part VI > Chapter 85 > Subchapter II > Section 8520

Details

  • Reference: Section 8520
  • Legend: §8520 – Vesting of Property Left By Decedents
  • USCode Year: 2013

Provision Content

(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 decedents domicile, to the decedents 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 persons death, of such assets in accordance with and subject to the provisions of this subchapter and regulations issued in accordance with this subchapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1259, §5220; Pub. L. 94–581, title II, §208(b), Oct. 21, 1976, 90 Stat. 2860; Pub. L. 97–258, §3(k)(9), Sept. 13, 1982, 96 Stat. 1066; Pub. L. 99–576, title VII, §701(99), Oct. 28, 1986, 100 Stat. 3300; renumbered §8520, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §§4(a)(3), (4), 5(c)(1), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 107–14, §8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 107–135, title II, §208(e)(9), Jan. 23, 2002, 115 Stat. 2464.)

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, §5(c)(1), substituted 1713(b) for 613(b).

Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration.

Subsec. (b). Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration in two places.

1986—Subsec. (a). Pub. L. 99–576, §701(99)(A), substituted any surviving for surviving him any, the decedents for his in two places, such person for he, and owned by such person for owned by him.

Subsec. (b). Pub. L. 99–576, §701(99)(B), substituted such persons 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.

U.S. Encyclopedia of Law Coverage

Chapter 85 – Disposition of Deceased Veterans' Personal Property in the Legal Encyclopedia: Veterans

In this entry about Chapter 85 – Disposition of Deceased Veterans' Personal Property, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.

Chapter 85 – Disposition of Deceased Veterans' Personal Property in the Legal Encyclopedia: Property

In this entry about Chapter 85 – Disposition of Deceased Veterans' Personal Property, find legal reference material, bibliographies and premiere content related to property in the American Encyclopedia of Law, presenting a comprehensive view of the United States property-specific issues, written by authorities in the field.

38-U.S.C.-8233 in the Legal Encyclopedia: Medical

In this entry about 38-U.S.C.-8233, find legal reference material, bibliographies and premiere content related to medical in the American Encyclopedia of Law, presenting a comprehensive view of the United States medical-specific issues, written by authorities in the field.

Chapter 85 – Disposition of Deceased Veterans' Personal Property in the Legal Encyclopedia: Deceased

In this entry about Chapter 85 – Disposition of Deceased Veterans' Personal Property, find legal reference material, bibliographies and premiere content related to deceased in the American Encyclopedia of Law, presenting a comprehensive view of the United States deceased-specific issues, written by authorities in the field.

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