
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1408]
[Document affected by Public Law 107-107 Section 1410(a)(3)]
[CITE: 24USC420]

 
                     TITLE 24--HOSPITALS AND ASYLUMS
 
                CHAPTER 10--ARMED FORCES RETIREMENT HOME
 
      SUBCHAPTER I--ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
 
Sec. 420. Disposition of effects of deceased persons; unclaimed 
        property
        

(a) Disposition of effects of deceased persons

    The Director of each facility that is maintained as a separate 
establishment of the Retirement Home shall safeguard and dispose of the 
estate and personal effects of deceased residents, including effects 
delivered to such facility under sections 4712(f) and 9712(f) of title 
10, and shall ensure the following:
        (1) A will or other instrument of a testamentary nature 
    involving property rights executed by a resident shall be promptly 
    delivered, upon the death of the resident, to the proper court of 
    record.
        (2) If a resident dies intestate and the heirs or legal 
    representative of the deceased cannot be immediately ascertained, 
    the Director shall retain all property left by the decedent for a 
    three-year period beginning on the date of the death. If entitlement 
    to such property is established to the satisfaction of the Director 
    at any time during the three-year period, the Director shall 
    distribute the decedent's property, in equal pro-rata shares when 
    multiple beneficiaries have been identified, to the highest 
    following categories of identified survivors (listed in the order of 
    precedence indicated):
            (A) The surviving spouse or legal representative.
            (B) The children of the deceased.
            (C) The parents of the deceased.
            (D) The siblings of the deceased.
            (E) The next-of-kin of the deceased.

(b) Sale of effects

    (1)(A) If the disposition of the estate of a resident of the 
Retirement Home cannot be accomplished under subsection (a)(2) of this 
section or if a resident dies testate and the nominated fiduciary, 
legatees, or heirs of the resident cannot be immediately ascertained, 
the entirety of the deceased resident's domiciliary estate and the 
entirety of any ancillary estate that is unclaimed at the end of the 
three-year period beginning on the date of the death of the resident 
shall escheat to the Retirement Home.
    (B) Upon the sale of any such unclaimed estate property, the 
proceeds of the sale shall be deposited in the Retirement Home Trust 
Fund.
    (C) If a personal representative or other fiduciary is appointed to 
administer a deceased resident's estate and the administration is 
completed before the end of such three-year period, the balance of the 
entire net proceeds of the estate, less expenses, shall be deposited 
directly in the Retirement Home Trust Fund. The heirs or legatees of the 
deceased resident may file a claim made with the Secretary of Defense to 
reclaim such proceeds. A determination of the claim by the Secretary 
shall be subject to judicial review exclusively by the United States 
Court of Federal Claims.
    (2)(A) The Director of a facility maintained as a separate 
establishment of the Retirement Home may designate an attorney to serve 
as attorney or agent for the facility in any probate proceeding in which 
the Retirement Home may have a legal interest as nominated fiduciary, 
testamentary legatee, escheat legatee, or in any other capacity.
    (B) An attorney designated under this paragraph may, in the 
domiciliary jurisdiction of the deceased resident and in any ancillary 
jurisdiction, petition for appointment as fiduciary. The attorney shall 
have priority over any petitioners (other than the deceased resident's 
nominated fiduciary, named legatees, or heirs) to serve as fiduciary. In 
a probate proceeding in which the heirs of an intestate deceased 
resident cannot be located and in a probate proceeding in which the 
nominated fiduciary, legatees, or heirs of a testate deceased resident 
cannot be located, the attorney shall be appointed as the fiduciary of 
the deceased resident's estate.
    (3) The designation of an employee or representative of a facility 
of the Retirement Home as personal representative of the estate of a 
resident of the Retirement Home or as a legatee under the will or 
codicil of the resident shall not disqualify an employee or staff member 
of that facility from serving as a competent witness to a will or 
codicil of the resident.
    (4) After the end of the three-year period beginning on the date of 
the death of a resident of a facility, the Director of the facility 
shall dispose of all property of the deceased resident that is not 
otherwise disposed of under this subsection, including personal effects 
such as decorations, medals, and citations to which a right has not been 
established under subsection (a) of this section. Disposal may be made 
within the discretion of the Director by--
        (A) retaining such property or effects for the facility;
        (B) offering such items to the Secretary of Veterans Affairs, a 
    State, another military home, a museum, or any other institution 
    having an interest in such items; or
        (C) destroying any items determined by the Director to be 
    valueless.

(c) Transfer of proceeds to Fund

    The net proceeds received by the Directors from the sale of effects 
under subsection (b) of this section shall be deposited in the Fund.

(d) Subsequent claim

    (1) A claim for the net proceeds of the sale under subsection (b) of 
this section of the effects of a deceased may be filed with the 
Secretary of Defense at any time within six years after the death of the 
deceased, for action under section 2771 of title 10.
    (2) A claim referred to in paragraph (1) may not be considered by a 
court or the Secretary unless the claim is filed within the time period 
prescribed in such paragraph.
    (3) A claim allowed by the Secretary under paragraph (1) shall be 
certified to the Secretary of the Treasury for payment from the Fund in 
the amount found due, including any interest relating to the amount. No 
claim may be allowed or paid in excess of the net proceeds of the estate 
deposited in the Fund under subsection (c) of this section plus 
interest.

(e) Unclaimed property

    In the case of property delivered to the Retirement Home under 
section 2575 of title 10, the Directors shall deliver the property to 
the owner, the heirs or next of kin of the owner, or the legal 
representative of the owner, if a right to the property is established 
to the satisfaction of the Directors within two years after the 
delivery.

(Pub. L. 101-510, div. A, title XV, Sec. 1520, Nov. 5, 1990, 104 Stat. 
1731; Pub. L. 103-160, div. A, title III, Sec. 366(d), (e), Nov. 30, 
1993, 107 Stat. 1631; Pub. L. 104-316, title II, Sec. 202(j), Oct. 19, 
1996, 110 Stat. 3843.)


                               Amendments

    1996--Subsec. (b)(1)(C). Pub. L. 104-316, Sec. 202(j)(1), 
substituted ``Secretary of Defense'' for ``Comptroller General of the 
United States'' and ``Secretary'' for ``Comptroller General''.
    Subsec. (d). Pub. L. 104-316, Sec. 202(j)(2), substituted 
``Secretary of Defense'' for ``Comptroller General of the United 
States'' in par. (1), ``Secretary'' for ``Comptroller General'' in par. 
(2), and ``allowed by the Secretary'' for ``allowed by the Comptroller 
General'' in par. (3).
    1993--Subsec. (a). Pub. L. 103-160, Sec. 366(d), amended heading and 
text of subsec. (a) generally. Prior to amendment, text read as follows: 
``The Directors of the establishments of the Retirement Home shall 
safeguard and dispose of the effects of a deceased person delivered to 
the Retirement Home under section 4712(f) or 9712(f) of title 10 and the 
estate and effects of a deceased resident of the Armed Forces Retirement 
Home as follows:
        ``(1) A will or other paper involving property rights shall be 
    promptly delivered to the proper court of record.
        ``(2) If the heirs or legal representative of the deceased 
    cannot sooner be ascertained, the Directors shall retain the 
    remaining effects until three years after the death of the deceased, 
    and then, if a right to the effects is established to the 
    satisfaction of the Directors, shall deliver the effects to the 
    living person highest on the following list who can be found:
            ``(A) The surviving spouse or legal representative.
            ``(B) A child of the deceased.
            ``(C) A parent of the deceased.
            ``(D) A brother or sister of the deceased.
            ``(E) The next-of-kin of the deceased.
            ``(F) A beneficiary named in the will of the deceased.''
    Subsec. (b). Pub. L. 103-160, Sec. 366(e), amended heading and text 
of subsec. (b) generally. Prior to amendment, text read as follows:
    ``(1) After three years from the date of death of the deceased, the 
Directors may sell the effects to which a right has not been established 
under subsection (a) of this section (except decorations, medals, and 
citations) by public or private sale, as the Directors consider most 
advantageous.
    ``(2) After five years from the date of death of the deceased, the 
Directors shall dispose of effects that were not sold under paragraph 
(1) (including decorations, medals, and citations) and to which a right 
has not been established under subsection (a) of this section. The sale 
shall be made in the manner that the Directors consider most appropriate 
in the public interest. Disposal may include--
        ``(A) retaining the effects for the use of the Retirement Home;
        ``(B) delivering the effects to the Secretary of Veterans 
    Affairs, to a State or other military home, to a museum, or to any 
    other appropriate institution; or
        ``(C) destroying the effects if the Retirement Home Board 
    determines that they are valueless.''


                             Effective Date

    Section applicable to estate of each resident of Armed Forces 
Retirement Home, including United States Soldiers' and Airmen's Home and 
Naval Home, who dies after Nov. 29, 1989, see section 1541(d) of Pub. L. 
101-510, set out as a note under section 401 of this title.
