
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-135 Section 208(e)(9)]
[Document affected by Public Law 107-14 Section 8(a)(16)]
[CITE: 38USC8520]

 
                      TITLE 38--VETERANS' BENEFITS
 
            PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
 
     CHAPTER 85--DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY
 
        SUBCHAPTER II--DEATH WHILE PATIENT OF DEPARTMENT FACILITY
 
Sec. 8520. Vesting of property left by decedents

    (a) Whenever 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, 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 (hereafter 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 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.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1259, Sec. 5220; Pub. L. 94-
581, title II, Sec. 208(b), 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(99), Oct. 28, 1986, 100 Stat. 3300; renumbered Sec. 8520, 
Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
Pub. L. 102-83, Secs. 4(a)(3), (4), 5(c)(1), Aug. 6, 1991, 105 Stat. 
404, 406.)


                               Amendments

    1991--Pub. L. 102-40 renumbered section 5220 of this title as this 
section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1713(b)'' 
for ``613(b)''.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration''.
    Subsec. (b). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration'' in two places.
    1986--Subsec. (a). Pub. L. 99-576, Sec. 701(99)(A), substituted 
``any surviving'' for ``surviving him any'', ``the decedent's'' for 
``his'' in two places, ``such person'' for ``he'', and ``owned by such 
person'' for ``owned by him''.
    Subsec. (b). Pub. L. 99-576, Sec. 701(99)(B), substituted ``such 
person's'' 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 8521, 8526 of this title.
