§8501 — Title 38 Veterans' Benefits | U.S. Code

Summary

Personal things left by someone who dies on a Department facility that is under exclusive U.S. control but inside a State or U.S. territory must be handled under these rules, except in two cases. If the person left a will that was proved where they lived or where the facility is, the items go to whoever the will names. If there is no such proved will, the items go to the heirs under the law of the person’s legal home, unless the United States has a legal claim to them. A U.S. officer who has the property may give it to an executor or administrator who is approved in either place, or to the administrator from the person’s home or another qualified administrator who asks for it. After the property is handed over, the United States and its employees are not responsible for it.

Title 38, §8501

Veterans' Benefits — Source: USLM XML via OLRC

(a)Personal property left by any decedent upon premises used as a Department facility, which premises are subject to the exclusive legislative jurisdiction of the United States and are within the exterior boundaries of any State or dependency of the United States, shall vest and be disposed of as provided in this subchapter, except that—

(1)if such person died leaving a last will and testament probated under the laws of the place of such person’s domicile or under the laws of the State or dependency of the United States within the exterior boundaries of which such premises or a part thereof may be, the personal property of such decedent situated upon such premises shall vest in the person or persons entitled thereto under the provisions of such last will and testament; and

(2)if such person died leaving any such property not disposed of by a last will and testament probated in accord with the provisions of paragraph (1) such property shall vest in the persons entitled to take such property by inheritance under and upon the conditions provided by the law of the decedent’s domicile. This paragraph shall not apply to property to which the United States is entitled except where such title is divested out of the United States.

(b)Any officer or employee of the United States in possession of any such property may deliver same to the executor (or the administrator with will annexed) who shall have qualified in either jurisdiction as provided in subsection (a)(1); or if none such then to the domiciliary administrator or to any other qualified administrator who shall demand such property. When delivery shall have been made to any such executor or administrator in accordance with this subsection, neither the United States nor any officer or employee thereof shall be liable therefor.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5201 of this title as this section. Subsec. (a). Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” in introductory provisions. 1986—Subsec. (a)(1). Pub. L. 99–576 substituted “such person’s” for “his”.

§8501 Vesting of Property Left by Decedents

Summary

Title 38, §8501

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata