46-U.S.C.-10709

§10709 – Distribution

Pathway

Title 46 > Subtitle II > Part G > Chapter 107 > Section 10709

Details

• Reference: Section 10709
• Legend: §10709 – Distribution
• USCode Year: 2013

Provision Content

(a)(1) If the money, property, and wages of a seaman, including proceeds from the sale of property, are not more than $1,500 in value, the court, subject to deductions it allows for expenses and at least 60 days after receiving the money, property, and wages, may deliver the money, property, and wages to a claimant proving to be—

(A) the seamans surviving spouse or child;

(B) entitled to the money, property, and wages under the seamans will or under a law or at common law; or

(C) entitled to secure probate, or take out letters of administration, although no probate or letters of administration have been issued.

(2) The court is released from further liability for the money, property, and wages distributed under paragraph (1) of this subsection.

(3) Instead of acting under paragraphs (1) and (2) of this subsection, the court may require probate or letters of administration to be taken out, and then deliver the money, property, and wages to the legal representative of the seaman.

(b) If the money, property, and wages are more than $1,500 in value, the court, subject to deductions for expenses, shall deliver the money, property, and wages to the legal representative of the seaman.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 574; Pub. L. 99–307, §1(15), May 19, 1986, 100 Stat. 446.)

Section 10709 instructs a district court to deliver a deceased seamans property and wages to the proper claimant or legal representative. It also discharges the court from liability.

Amendments

1986—Subsec. (a)(1). Pub. L. 99–307, in text preceding cl. (A), substituted than $1,500 in value, the court, for then $1,500 in value, and and wages, may for wages, the court may.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-10706 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-10706, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.

46-U.S.C.-10702 in the Legal Encyclopedia: Deceased

In this entry about 46-U.S.C.-10702, 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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