§ 8526. Filing of claims for assets

Statutory text

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.

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.

1958
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 8526
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1261, § 5226
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1261, § 5226
1960
Pub. L. 86–507 § 1(33) · 74 Stat. 200
Inserted · 38 U.S.C. § 8526
Pub. L. 86–507 inserted “or by certified mail” after “registered mail”
Source evidence
Code amendment note
Pub. L. 86–507 inserted “or by certified mail” after “registered mail”.
Enacted provision · exact public law section
(1) section 12(b) of the Act of August 2, 1939, as added by section 4 of the Act of July 19, 1940 (54 Stat. 767; 5 U.S.C. 118k), is amended by inserting “or by certified mail” immediately following the words “registered mail” wherever such words appear therein.
1986
Pub. L. 99–576 title VII § 701(105) · 100 Stat. 3248
1. Substituted · 38 U.S.C. § 8526
  Pub. L. 99–576 substituted “such person” for “himself” in sixth and seventh sentences
2. Substituted · 38 U.S.C. § 8526
  Pub. L. 99–576 substituted “the veteran’s” for “his” in sixth and seventh sentences
3. Substituted · 38 U.S.C. § 8526
  Pub. L. 99–576 substituted “the Administrator” for “he” in sixth and seventh sentences
4. Substituted · 38 U.S.C. § 8526
  Pub. L. 99–576 substituted “the Administrator’s authorized” for “his authorized” in sixth and seventh sentences
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(105) Section 5226 is amended— (A) by striking out “himself” and inserting in lieu thereof “such person”; (B) by striking out “his” in the second sentence and inserting in lieu thereof “the veteran’s”; (C) by striking out “he” and inserting in lieu thereof “the Administrator”; and (D) by striking out “his authorized” each place it appears, and inserting in lieu thereof “the Administrator’s authorized”.
1991
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. § 8526
Pub. L. 102–40 renumbered section 5226 of this title as this section and substituted “8520” for “5220”
Source evidence
Code amendment note
Pub. L. 102–40 renumbered section 5226 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.
1991
Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
1. Substituted · 38 U.S.C. § 8526
  Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing
2. Substituted · 38 U.S.C. § 8526
  Pub. L. 102–83 substituted “Secretary’s” for “Administrator’s” wherever appearing
3. Substituted · 38 U.S.C. § 8526
  Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83 substituted “Secretary” for “Administrator”, “Secretary’s” for “Administrator’s”, and “Department” for “Veterans’ Administration” wherever appearing.
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”.

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1960–1991 · 3 rounds

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”.

Credits

1958–1991 · 5 acts

1958Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1261, § 5226
1960Pub. L. 86–507, § 1(33), June 11, 1960, 74 Stat. 202
1986Pub. L. 99–576, title VII, § 701(105), Oct. 28, 1986, 100 Stat. 3301
1991renumbered § 8526 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239
1991Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.

Show as published

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1261, § 5226; Pub. L. 86–507, § 1(33), June 11, 1960, 74 Stat. 202; Pub. L. 99–576, title VII, § 701(105), Oct. 28, 1986, 100 Stat. 3301; renumbered § 8526 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)