Presumption of contract for disposition of personalty

38 U.S.C. § 8521

• Title: 38 — Veterans' Benefits
• Chapter: SUBCHAPTER II—DEATH WHILE PATIENT OF DEPARTMENT FACILITY

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.

History

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1260, §5221; Pub. L. 94–581, title II, §208(c), Oct. 21, 1976, 90 Stat. 2860; Pub. L. 99–576, title VII, §701(100), Oct. 28, 1986, 100 Stat. 3300; renumbered §8521 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), 5(c)(1), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 107–135, title II, §208(e)(9), Jan. 23, 2002, 115 Stat. 2464.)

Editorial Notes

Editorial Notes

Amendments
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 Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.