
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC8526]

 
                      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. 8526. Filing of claims for assets

    Notwithstanding the crediting to said Fund of the assets, or 
proceeds thereof, of any decedent, whether upon determination by a court 
or the Department pursuant to the provisions of section 8520 of this 
title, any person claiming a right to such assets may within five years 
after the death of the decedent file a claim on behalf of such person 
and any other claiming with the Secretary. Upon receipt of due proof 
that any person was at date of death of the veteran entitled to the 
veteran's personal property, or a part thereof, under the laws of the 
State of domicile of the decedent, the Secretary may pay out of the 
Fund, but not to exceed the net amount credited thereto from said 
decedent's estate less any necessary expenses, the amount to which such 
person, or persons, was or were so entitled, and upon similar claim any 
assets of the decedent which shall not have been disposed of shall be 
delivered in kind to the parties legally entitled thereto. If any person 
so entitled is under legal disability at the date of death of such 
decedent, such five-year period of limitation shall run from the 
termination or removal of legal disability. In the event of doubt as to 
entitlement, the Secretary may cause administration or other appropriate 
proceedings to be instituted in any court having jurisdiction. In 
determining questions of fact or law involved in the adjudication of 
claims made under this section, no judgment, decree, or order entered in 
any action at law, suit in equity, or other legal proceeding of any 
character purporting to determine entitlement to said assets or any part 
thereof, shall be binding upon the United States or the Secretary or 
determinative of any fact or question involving entitlement to any such 
property or the proceeds thereof, or any part of the Fund, unless the 
Secretary has been seasonably served with notice and permitted to become 
a party to such suit or proceeding if the Secretary makes a request 
therefor within thirty days after such notice. Notice may be served in 
person or by registered mail or by certified mail upon the Secretary, or 
upon the Secretary's authorized attorney in the State wherein the action 
or proceedings may be pending. Notice may be waived by the Secretary or 
by the Secretary's authorized attorney, in which event the finding, 
judgment, or decree shall have the same effect as if the Secretary were 
a party and served with notice. Any necessary court costs or expenses if 
authorized by the Secretary may be paid as are other administrative 
expenses of the Department.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1261, Sec. 5226; Pub. L. 86-
507, Sec. 1(33), June 11, 1960, 74 Stat. 202; Pub. L. 99-576, title VII, 
Sec. 701(105), Oct. 28, 1986, 100 Stat. 3301; renumbered Sec. 8526 and 
amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 
105 Stat. 238, 239; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), 
Aug. 6, 1991, 105 Stat. 404, 405.)


                               Amendments

    1991--Pub. L. 102-40 renumbered section 5226 of this title as this 
section and substituted ``8520'' for ``5220''.
    Pub. L. 102-83 substituted ``Secretary'' for ``Administrator'', 
``Secretary's'' for ``Administrator's'', and ``Department'' for 
``Veterans' Administration'' wherever appearing.
    1986--Pub. L. 99-576 substituted ``such person'' for ``himself'' in 
first sentence, ``the veteran's'' for ``his'' in second sentence, ``the 
Administrator'' for ``he'' in fifth sentence, and ``the Administrator's 
authorized'' for ``his authorized'' in sixth and seventh sentences.
    1960--Pub. L. 86-507 inserted ``or by certified mail'' after 
``registered mail''.
