24 U.S.C. § 420 : US Code - Section 420: Disposition of effects of deceased persons; unclaimed property

Search 24 U.S.C. § 420 : US Code - Section 420: Disposition of effects of deceased persons; unclaimed property

(a) Disposition of effects of deceased persons
The Director of a facility of the Retirement Home shall safeguard
and dispose of the estate and personal effects of deceased
residents, including effects delivered to such facility under
sections 4712(f) and 9712(f) of title 10, and shall ensure the
following:
(1) A will or other instrument of a testamentary nature
involving property rights executed by a resident shall be
promptly delivered, upon the death of the resident, to the proper
court of record.
(2) If a resident dies intestate and the heirs or legal
representative of the deceased cannot be immediately ascertained,
the Director shall retain all property left by the decedent for a
three-year period beginning on the date of the death. If
entitlement to such property is established to the satisfaction
of the Director at any time during the three-year period, the
Director shall distribute the decedent's property, in equal pro-
rata shares when multiple beneficiaries have been identified, to
the highest following categories of identified survivors (listed
in the order of precedence indicated):
(A) The surviving spouse or legal representative.
(B) The children of the deceased.
(C) The parents of the deceased.
(D) The siblings of the deceased.
(E) The next-of-kin of the deceased.
(b) Sale of effects
(1)(A) If the disposition of the estate of a resident of the
Retirement Home cannot be accomplished under subsection (a)(2) of
this section or if a resident dies testate and the nominated
fiduciary, legatees, or heirs of the resident cannot be immediately
ascertained, the entirety of the deceased resident's domiciliary
estate and the entirety of any ancillary estate that is unclaimed
at the end of the three-year period beginning on the date of the
death of the resident shall escheat to the Retirement Home.
(B) Upon the sale of any such unclaimed estate property, the
proceeds of the sale shall be deposited in the Armed Forces
Retirement Home Trust Fund.
(C) If a personal representative or other fiduciary is appointed
to administer a deceased resident's estate and the administration
is completed before the end of such three-year period, the balance
of the entire net proceeds of the estate, less expenses, shall be
deposited directly in the Armed Forces Retirement Home Trust Fund.
The heirs or legatees of the deceased resident may file a claim
made with the Secretary of Defense to reclaim such proceeds. A
determination of the claim by the Secretary shall be subject to
judicial review exclusively by the United States Court of Federal
Claims.
(2)(A) The Director of a facility of the Retirement Home may
designate an attorney who is a full-time officer or employee of the
United States or a member of the Armed Forces on active duty to
serve as attorney or agent for the facility in any probate
proceeding in which the Retirement Home may have a legal interest
as nominated fiduciary, testamentary legatee, escheat legatee, or
in any other capacity.
(B) An attorney designated under this paragraph may, in the
domiciliary jurisdiction of the deceased resident and in any
ancillary jurisdiction, petition for appointment as fiduciary. The
attorney shall have priority over any petitioners (other than the
deceased resident's nominated fiduciary, named legatees, or heirs)
to serve as fiduciary. In a probate proceeding in which the heirs
of an intestate deceased resident cannot be located and in a
probate proceeding in which the nominated fiduciary, legatees, or
heirs of a testate deceased resident cannot be located, the
attorney shall be appointed as the fiduciary of the deceased
resident's estate.
(3) The designation of an employee or representative of a
facility of the Retirement Home as personal representative of the
estate of a resident of the Retirement Home or as a legatee under
the will or codicil of the resident shall not disqualify an
employee or staff member of that facility from serving as a
competent witness to a will or codicil of the resident.
(4) After the end of the three-year period beginning on the date
of the death of a resident of a facility, the Director of the
facility shall dispose of all property of the deceased resident
that is not otherwise disposed of under this subsection, including
personal effects such as decorations, medals, and citations to
which a right has not been established under subsection (a) of this
section. Disposal may be made within the discretion of the Director
by -
(A) retaining such property or effects for the facility;
(B) offering such items to the Secretary of Veterans Affairs, a
State, another military home, a museum, or any other institution
having an interest in such items; or
(C) destroying any items determined by the Director to be
valueless.
(c) Transfer of proceeds to Fund
The net proceeds received by the Directors from the sale of
effects under subsection (b) of this section shall be deposited in
the Fund.
(d) Subsequent claim
(1) A claim for the net proceeds of the sale under subsection (b)
of this section of the effects of a deceased may be filed with the
Secretary of Defense at any time within six years after the death
of the deceased, for action under section 2771 of title 10.
(2) A claim referred to in paragraph (1) may not be considered by
a court or the Secretary unless the claim is filed within the time
period prescribed in such paragraph.
(3) A claim allowed by the Secretary under paragraph (1) shall be
certified to the Secretary of the Treasury for payment from the
Fund in the amount found due, including any interest relating to
the amount. No claim may be allowed or paid in excess of the net
proceeds of the estate deposited in the Fund under subsection (c)
of this section plus interest.
(e) Unclaimed property
In the case of property delivered to the Retirement Home under
section 2575 of title 10, the Director of the facility shall
deliver the property to the owner, the heirs or next of kin of the
owner, or the legal representative of the owner, if a right to the
property is established to the satisfaction of the Director of the
facility within two years after the delivery.