§ 420. — Disposition of effects of deceased persons; unclaimed property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 24USC420]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 10--ARMED FORCES RETIREMENT HOME
SUBCHAPTER I--ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
Sec. 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 Retirement Home Trust Fund.\1\ 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.
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\1\ So in original. Probably should be ``Armed Forces Retirement
Home Trust Fund''.
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(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.
(Pub. L. 101-510, div. A, title XV, Sec. 1520, Nov. 5, 1990, 104 Stat.
1731; Pub. L. 103-160, div. A, title III, Sec. 366(d), (e), Nov. 30,
1993, 107 Stat. 1631; Pub. L. 104-316, title II, Sec. 202(j), Oct. 19,
1996, 110 Stat. 3843; Pub. L. 107-107, div. A, title XIV, Secs. 1408,
1410(a)(3), Dec. 28, 2001, 115 Stat. 1265, 1266; Pub. L. 107-314, div.
A, title X, Sec. 1062(f)(3), Dec. 2, 2002, 116 Stat. 2651.)
Amendments
2002--Subsec. (e). Pub. L. 107-314 made technical correction to
directory language of Pub. L. 107-107, Sec. 1410(a)(3)(C). See 2001
Amendment note below.
2001--Subsec. (a). Pub. L. 107-107, Sec. 1410(a)(3)(A), substituted
``a facility'' for ``each facility that is maintained as a separate
establishment'' in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 107-107, Sec. 1408(b), inserted ``Armed
Forces'' before ``Retirement Home Trust Fund''.
Subsec. (b)(2)(A). Pub. L. 107-107, Secs. 1408(a), 1410(a)(3)(B),
struck out ``maintained as a separate establishment'' before ``of the
Retirement Home'' and inserted ``who is a full-time officer or employee
of the United States or a member of the Armed Forces on active duty''
after ``may designate an attorney''.
Subsec. (e). Pub. L. 107-107, Sec. 1410(a)(3)(C), as amended by Pub.
L. 107-314, substituted ``Director of the facility'' for ``Directors''
in two places.
1996--Subsec. (b)(1)(C). Pub. L. 104-316, Sec. 202(j)(1),
substituted ``Secretary of Defense'' for ``Comptroller General of the
United States'' and ``Secretary'' for ``Comptroller General''.
Subsec. (d). Pub. L. 104-316, Sec. 202(j)(2), substituted
``Secretary of Defense'' for ``Comptroller General of the United
States'' in par. (1), ``Secretary'' for ``Comptroller General'' in par.
(2), and ``allowed by the Secretary'' for ``allowed by the Comptroller
General'' in par. (3).
1993--Subsec. (a). Pub. L. 103-160, Sec. 366(d), amended heading and
text of subsec. (a) generally. Prior to amendment, text read as follows:
``The Directors of the establishments of the Retirement Home shall
safeguard and dispose of the effects of a deceased person delivered to
the Retirement Home under section 4712(f) or 9712(f) of title 10 and the
estate and effects of a deceased resident of the Armed Forces Retirement
Home as follows:
``(1) A will or other paper involving property rights shall be
promptly delivered to the proper court of record.
``(2) If the heirs or legal representative of the deceased
cannot sooner be ascertained, the Directors shall retain the
remaining effects until three years after the death of the deceased,
and then, if a right to the effects is established to the
satisfaction of the Directors, shall deliver the effects to the
living person highest on the following list who can be found:
``(A) The surviving spouse or legal representative.
``(B) A child of the deceased.
``(C) A parent of the deceased.
``(D) A brother or sister of the deceased.
``(E) The next-of-kin of the deceased.
``(F) A beneficiary named in the will of the deceased.''
Subsec. (b). Pub. L. 103-160, Sec. 366(e), amended heading and text
of subsec. (b) generally. Prior to amendment, text read as follows:
``(1) After three years from the date of death of the deceased, the
Directors may sell the effects to which a right has not been established
under subsection (a) of this section (except decorations, medals, and
citations) by public or private sale, as the Directors consider most
advantageous.
``(2) After five years from the date of death of the deceased, the
Directors shall dispose of effects that were not sold under paragraph
(1) (including decorations, medals, and citations) and to which a right
has not been established under subsection (a) of this section. The sale
shall be made in the manner that the Directors consider most appropriate
in the public interest. Disposal may include--
``(A) retaining the effects for the use of the Retirement Home;
``(B) delivering the effects to the Secretary of Veterans
Affairs, to a State or other military home, to a museum, or to any
other appropriate institution; or
``(C) destroying the effects if the Retirement Home Board
determines that they are valueless.''
Effective Date of 2002 Amendment
Pub. L. 107-314, div. A, title X, Sec. 1062(f), Dec. 2, 2002, 116
Stat. 2651, provided that the amendment made by section 1062(f)(3) is
effective as of Dec. 28, 2001, and as if included in Pub. L. 107-107 as
enacted.
Effective Date
Section applicable to estate of each resident of Armed Forces
Retirement Home, including United States Soldiers' and Airmen's Home and
Naval Home, who dies after Nov. 29, 1989, see section 1541(d) of Pub. L.
101-510, formerly set out as a note under section 401 of this title.
