§8526 — Title 38 Veterans' Benefits | U.S. Code

Summary

People who say they have a right to a deceased veteran’s assets must file a claim with the Secretary within five years after the veteran’s death. If they prove under the law of the veteran’s home state that they were entitled to the veteran’s personal property at the date of death, the Secretary can pay them from the Fund up to the net amount that came from that estate, after necessary expenses are taken out. If the assets still exist and have not been given away, they can be returned in kind to the people legally entitled to them. If a claimant was under a legal disability when the veteran died, the five-year clock starts when that disability ends. If there is doubt about who is entitled, the Secretary may start court action. A court decision in another case does not bind the United States or the Secretary unless the Secretary was properly notified and asked to join within 30 days after that notice. Notice can be handed in person or sent by registered or certified mail to the Secretary or the Secretary’s authorized lawyer in the state where the case is pending. The Secretary can waive notice, and the Secretary may authorize payment of necessary court costs as Department expenses.

Title 38, §8526

Veterans' Benefits — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

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”.

§8526 Filing of Claims for Assets

Summary

Title 38, §8526

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata