DISPOSITION OF EFFECTS OF DECEASED PERSONS; UNCLAIMED PROPERTY

SEC. 1520. DISPOSITION OF EFFECTS OF DECEASED PERSONS; UNCLAIMED PROPERTY (a) Effects of Deceased Persons.— 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, United States Code, 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. (b) Sale of Effects.— (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) (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). 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. (c) Transfer of Proceeds to the Fund.— The net proceeds received by the Directors from the sale of effects under subsection (b) shall be deposited in the Fund. (d) Subsequent Claim.— (1) A claim for the net proceeds of the sale under subsection (b) of the effects of a deceased may be filed with the Comptroller General of the United States at any time104 STAT. 1732 within six years after the death of the deceased, for action under section 2771 of title 10, United States Code. (2) A claim referred to in paragraph (1) may not be considered by a court or the Comptroller General unless the claim is filed within the time period prescribed in such paragraph. (3) A claim allowed by the Comptroller General 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) plus interest. (e) Unclaimed Property.— In the case of property delivered to the Retirement Home under section 2575 of title 10, United States Code, the Directors 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 Directors within two years after the delivery.