38 U.S.C. § 8521: Presumption of contract for…

Summary

If a person recognized as a veteran, or a dependent or survivor getting care under the penultimate sentence of section 1781(b), dies in a VA facility while being treated and leaves no spouse, next of kin, or heirs, the government must treat there as being a valid contract to handle the person’s property listed in section 8520. This applies only to property the person owned at death and that they died without a will, and it must follow the subchapter’s rules.

Title 38, §8521

Veterans' Benefits, Source: USLM XML via OLRC

The fact of death of a veteran (admitted as such), or a dependent or survivor of a veteran receiving care under the penultimate sentence of section 1781(b) of this title, in a facility or hospital, while being furnished care or treatment therein by the Department, leaving no spouse, next of kin, or heirs, shall give rise to a conclusive presumption of a valid contract for the disposition in accordance with this subchapter, but subject to its conditions, of all property described in section 8520 of this title owned by said decedent at death and as to which such person dies intestate.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Pub. L. 107–135 substituted “the penultimate sentence of section 1781(b)” for “the last sentence of section 1713(b)”. 1991—Pub. L. 102–40 renumbered section 5221 of this title as this section and substituted “8520” for “5220”. Pub. L. 102–83 substituted “1713(b)” for “613(b)” and “Department” for “Veterans’ Administration”. 1986—Pub. L. 99–576 substituted “such person” for “he”. 1976—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 such)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment 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.

§8521 Presumption of Contract for Disposition of Personalty