38 U.S.C. § 8520 — Vesting of property left by decedents
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 254 words · no verdicts yet
If a veteran dies in VA care with no heirs, the property goes to the Fund. Accepting VA care means accepting this rule as a condition of treatment.
(a) When a veteran* (admitted as a veteran), or a dependent or survivor of a veteran getting care under the next-to-last sentence of section 1781(b), dies while a member or patient in a VA facility or hospital receiving care or treatment there, and leaves no surviving spouse*, next of kin, or heirs entitled under the law of where they lived to their personal property (because they died without a will covering it), all of that property — including money and legal claims — immediately becomes the property of the United States. The United States holds it as trustee for the General Post Fund (called the 'Fund' in this subchapter), a trust fund set up under section 1321(a)(45) of title 31.
(b) Subsection (a) is a condition that must be met before VA will give, or keep giving, care or treatment in a facility or hospital. By accepting — and continuing to accept — care or treatment, a veteran admitted to a VA facility or hospital agrees to the terms of this subchapter. This has the same effect as an assignment of the veteran's assets, taking effect at the moment of death, under the rules of this subchapter and its regulations.
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.
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 credit: (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.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1259
- 1976Amended · Pub. L. 94-581 · 90 Stat. 2860
- 1982Amended · Pub. L. 97-258 · 96 Stat. 1066
- 1986Amended · Pub. L. 99-576 · 100 Stat. 3300
- 1991Amended · Pub. L. 102-40 · 105 Stat. 238
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404, 406
- 2001Amended · Pub. L. 107-14 · 115 Stat. 35
- 2002Amended · Pub. L. 107-135 · 115 Stat. 2464
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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