Title 38 — Veterans’ Benefits
Part VI · Chapter 85 — Disposition of Deceased Veterans’ Personal Property
§ 8520. Vesting of property left by decedents
Statutory text
Whenever any veteran (admitted as a veteran), or a dependent or survivor of a veteran receiving care under the penultimate sentence of section 1781(b) of this title, shall die while a member or patient in any facility, or any hospital while being furnished care or treatment therein by the Department, and shall not leave any surviving spouse, next of kin, or heirs entitled, under the laws of the decedent’s domicile, to the decedent’s personal property as to which such person dies intestate, all such property, including money and choses in action, owned by such person at the time of death and not disposed of by will or otherwise, shall immediately vest in and become the property of the United States as trustee for the sole use and benefit of the General Post Fund (hereinafter in this subchapter referred to as the “Fund”), a trust fund prescribed by section 1321(a)(45) of title 31.
The provisions of subsection (a) are conditions precedent to the initial, and also to the further furnishing of care or treatment by the Department in a facility or hospital. The acceptance and the continued acceptance of care or treatment by any veteran (admitted as a veteran to a Department facility or hospital) shall constitute an acceptance of the provisions and conditions of this subchapter and have the effect of an assignment, effective at such person’s death, of such assets in accordance with and subject to the provisions of this subchapter and regulations issued in accordance with this subchapter.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 8520
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1259, § 5220
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1259, § 5220Veterans Medical Technical and Conforming Amendments of 1976
Pub. L. 94–581 title II § 208(b) · 90 Stat. 2842
Inserted · 38 U.S.C. § 8520(a)
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 a veteran)”
Source evidence
Code amendment note
Subsec. (a). 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 a veteran)”.Enacted provision · exact public law section
(b) Subsection (a) of section 5220 is amended by inserting a comma and “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as a veteran)”.Effective date note
Amendment 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.Pub. L. 97–258 § 3(k)(9) · 96 Stat. 1066
Substituted · 38 U.S.C. § 8520(a)
Pub. L. 97–258 substituted “section 1321(a)(45) of title 31” for “section 725s(a)(45) of title 31”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–258 substituted “section 1321(a)(45) of title 31” for “section 725s(a)(45) of title 31”.Pub. L. 99–576 § 701(99)(A) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8520(a)
Pub. L. 99–576, § 701(99)(A), substituted “any surviving” for “surviving him any”
Substituted · 38 U.S.C. § 8520(a)
Pub. L. 99–576, § 701(99)(A), substituted “the decedent’s” for “his”
Substituted · 38 U.S.C. § 8520(a)
Pub. L. 99–576, § 701(99)(A), substituted “such person” for “he”
Substituted · 38 U.S.C. § 8520(a)
Pub. L. 99–576, § 701(99)(A), substituted “owned by such person” for “owned by him”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–576, § 701(99)(A), substituted “any surviving” for “surviving him any”, “the decedent’s” for “his” in two places, “such person” for “he”, and “owned by such person” for “owned by him”.Enacted provision · exact public law section
(A) in subsection (a)— (i) by striking out “surviving him any” and inserting in lieu thereof “any surviving”; (ii) by striking out “his” each place it appears and inserting in lieu thereof “the decedent’s”; (iii) by striking out “he” and inserting in lieu thereof “such person”; and (iv) by striking out “owned by him” and inserting in lieu thereof “owned by such person”; andPub. L. 99–576 § 701(99)(B) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8520(b)
Pub. L. 99–576, § 701(99)(B), substituted “such person’s” for “his”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–576, § 701(99)(B), substituted “such person’s” for “his”.Enacted provision · exact public law section
(B) in subsection (b), by striking out “his” and inserting in lieu thereof “such person’s”.Department of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187
Changed · 38 U.S.C. § 8520
Pub. L. 102–40 renumbered section 5220 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–40 renumbered section 5220 of this title as this section.Enacted provision · exact public law section
(1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 8520(a)
Pub. L. 102–83, § 5(c)(1), substituted “1713(b)” for “613(b)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1713(b)” for “613(b)”.Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 8520(a)
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.Enacted provision · exact public law section
(3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 8520(b)
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.Enacted provision · exact public law section
(3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 8(a)(16) · 115 Stat. 25
Substituted · 38 U.S.C. § 8520(a)
Pub. L. 107–14 substituted “hereinafter” for “hereafter”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–14 substituted “hereinafter” for “hereafter”.Enacted provision · exact public law section
(16) The following provisions are each amended by striking “hereafter” and inserting “hereinafter”: sections 545(a)(1), 1710B(e)(l), 3485(a)(l), 3537(a), 3722(a), 3763(a), 5121(a), 7101(a), 7105(b)(l), 7671, 7672(e)(l)(B), 7681(a)(1), 7801, and 8520(a).Department of Veterans Affairs Health Care Programs Enhancement Act of 2001
Pub. L. 107–135 title II § 208(e)(9) · 115 Stat. 2446
Substituted · 38 U.S.C. § 8520(a)
Pub. L. 107–135 substituted “the penultimate sentence of section 1781(b)” for “the last sentence of section 1713(b)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–135 substituted “the penultimate sentence of section 1781(b)” for “the last sentence of section 1713(b)”.Enacted provision · exact public law section
(9) Sections 8502(b), 8520(a), and 8521 are amended by striking “the last sentence of section 1713(b)” and inserting “the penultimate sentence of section 1781(b)”.
12 of 14 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1976–2002 · 6 rounds
2002
Subsec. (a). Pub. L. 107–135 substituted “the penultimate sentence of section 1781(b)” for “the last sentence of section 1713(b)”.
2001
Subsec. (a). Pub. L. 107–14 substituted “hereinafter” for “hereafter”.
1991
Pub. L. 102–40 renumbered section 5220 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1713(b)” for “613(b)”.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Subsec. (b). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.
1986
Subsec. (a). Pub. L. 99–576, § 701(99)(A), substituted “any surviving” for “surviving him any”, “the decedent’s” for “his” in two places, “such person” for “he”, and “owned by such person” for “owned by him”.
Subsec. (b). Pub. L. 99–576, § 701(99)(B), substituted “such person’s” for “his”.
1982
Subsec. (a). Pub. L. 97–258 substituted “section 1321(a)(45) of title 31” for “section 725s(a)(45) of title 31”.
1976
Subsec. (a). 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 a veteran)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–581 effective , see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Credits
1958–2002 · 8 acts
- 1958Pub. L. 85–857, , 72 Stat. 1259, § 5220
- 1976Pub. L. 94–581, title II, § 208(b), , 90 Stat. 2860
- 1982Pub. L. 97–258, § 3(k)(9), , 96 Stat. 1066
- 1986Pub. L. 99–576, title VII, § 701(99), , 100 Stat. 3300
- 1991renumbered § 8520, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238
- 1991Pub. L. 102–83, §§ 4(a)(3), (4), 5(c)(1), , 105 Stat. 404, 406
- 2001Pub. L. 107–14, § 8(a)(16), , 115 Stat. 35
- 2002Pub. L. 107–135, title II, § 208(e)(9), , 115 Stat. 2464.
Show as published
(Pub. L. 85–857, , 72 Stat. 1259, § 5220; Pub. L. 94–581, title II, § 208(b), , 90 Stat. 2860; Pub. L. 97–258, § 3(k)(9), , 96 Stat. 1066; Pub. L. 99–576, title VII, § 701(99), , 100 Stat. 3300; renumbered § 8520, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238; Pub. L. 102–83, §§ 4(a)(3), (4), 5(c)(1), , 105 Stat. 404, 406; Pub. L. 107–14, § 8(a)(16), , 115 Stat. 35; Pub. L. 107–135, title II, § 208(e)(9), , 115 Stat. 2464.)