
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-135 Section 208(e)(9)]
[CITE: 38USC8502]

 
                      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
 
Sec. 8502. Disposition of unclaimed personal property

    (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 last sentence of section 
1713(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.

(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.)


                               Amendments

    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.

                  Section Referred to in Other Sections

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