§10709 — Title 46 Shipping | U.S. Code

Summary

The court can give a seaman’s money, property, and wages (including money from selling property) worth $1,500 or less to someone who proves they are the seaman’s surviving spouse or child, are named in the will, or are otherwise entitled to handle the estate. The court must wait at least 60 days after getting the assets and may subtract allowed expenses. After paying this way, the court is no longer responsible. If the assets are worth more than $1,500, the court must, after deducting expenses, give them to the seaman’s legal representative (for example, an executor or administrator). The court can also require official estate papers before making the payment.

Title 46, §10709

Shipping — Source: USLM XML via OLRC

(a)(1)If the money, property, and wages of a seaman, including proceeds from the sale of property, are not more than $1,500 in value, the court, subject to deductions it allows for expenses and at least 60 days after receiving the money, property, and wages, may deliver the money, property, and wages to a claimant proving to be—

(A)the seaman’s surviving spouse or child;

(B)entitled to the money, property, and wages under the seaman’s will or under a law or at common law; or

(C)entitled to secure probate, or take out letters of administration, although no probate or letters of administration have been issued.

(2)The court is released from further liability for the money, property, and wages distributed under paragraph (1) of this subsection.

(3)Instead of acting under paragraphs (1) and (2) of this subsection, the court may require probate or letters of administration to be taken out, and then deliver the money, property, and wages to the legal representative of the seaman.

(b)If the money, property, and wages are more than $1,500 in value, the court, subject to deductions for expenses, shall deliver the money, property, and wages to the legal representative of the seaman.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1070946:627 section 10709 instructs a district court to deliver a deceased seaman’s property and wages to the proper claimant or legal representative. It also discharges the court from liability.

Editorial Notes

Amendments

1986—Subsec. (a)(1). Pub. L. 99–307, in text preceding cl. (A), substituted “than $1,500 in value, the court,” for “then $1,500 in value, and” and “wages, may” for “wages, the court may”.

§10709 Distribution