§8521 — Title 38 Veterans' Benefits | U.S. Code

Summary

When a veteran who was admitted as a patient, or a dependent or survivor getting care under the penultimate sentence of the veterans’ hospital-care rules, dies in a VA facility while being treated and leaves no spouse, next of kin, or heirs, that death is treated as final proof that a valid agreement exists to handle the person’s property listed elsewhere in this subchapter. That lets the Department dispose of all property the person owned at death and left without a will, but only in the manner and under the conditions set out in this subchapter.

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