Title 38 — Veterans’ Benefits
Part VI · Chapter 85 — Disposition of Deceased Veterans’ Personal Property
§ 8521. Presumption of contract for disposition of personalty
Statutory text
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.
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. § 8521
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5221
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5221Veterans Medical Technical and Conforming Amendments of 1976
Pub. L. 94–581 title II § 208(c) · 90 Stat. 2842
Inserted · 38 U.S.C. § 8521
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)”
Source evidence
Code amendment note
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)”.Enacted provision · exact public law section
(c) Section 5221 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 “(admit ted as such)”.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. 99–576 title VII § 701(100) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8521
Pub. L. 99–576 substituted “such person” for “he”
Source evidence
Code amendment note
Pub. L. 99–576 substituted “such person” for “he”.Enacted provision · exact public law section
(100) Section 5221 is amended by striking out “he” and inserting in lieu thereof “such person”.Department of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187
Substituted · 38 U.S.C. § 8521
Pub. L. 102–40 renumbered section 5221 of this title as this section and substituted “8520” for “5220”
Source evidence
Code amendment note
Pub. L. 102–40 renumbered section 5221 of this title as this section and substituted “8520” for “5220”.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 · 105 Stat. 378
Substituted · 38 U.S.C. § 8521
Pub. L. 102–83 substituted “1713(b)” for “613(b)”
Substituted · 38 U.S.C. § 8521
Pub. L. 102–83 substituted “Department” for “Veterans’ Administration”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83 substituted “1713(b)” for “613(b)” and “Department” for “Veterans’ Administration”.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. § 8521
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
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)”.
4 of 7 references resolved to an enrolled provision · 3 partial
Editorial Notes
Amendments1976–2002 · 4 rounds
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 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 · 6 acts
- 1958Pub. L. 85–857, , 72 Stat. 1260, § 5221
- 1976Pub. L. 94–581, title II, § 208(c), , 90 Stat. 2860
- 1986Pub. L. 99–576, title VII, § 701(100), , 100 Stat. 3300
- 1991renumbered § 8521 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239
- 1991Pub. L. 102–83, §§ 4(a)(3), (4), 5(c)(1), , 105 Stat. 404, 406
- 2002Pub. L. 107–135, title II, § 208(e)(9), , 115 Stat. 2464.
Show as published
(Pub. L. 85–857, , 72 Stat. 1260, § 5221; Pub. L. 94–581, title II, § 208(c), , 90 Stat. 2860; Pub. L. 99–576, title VII, § 701(100), , 100 Stat. 3300; renumbered § 8521 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239; Pub. L. 102–83, §§ 4(a)(3), (4), 5(c)(1), , 105 Stat. 404, 406; Pub. L. 107–135, title II, § 208(e)(9), , 115 Stat. 2464.)