[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR13.110]

[Page 566]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 13_VETERANS BENEFITS ADMINISTRATION, FIDUCIARY 
 
Sec. 13.110  Escheat; post fund.

    (a) Escheat; 38 U.S.C. 5502(e). Upon death of a beneficiary for whom 
payment of Department of Veterans Affairs benefits was made to a court-
appointed fiduciary, legal custodian, custodian-in-fact, or by 
institutional award, the fiduciary (or the deceased beneficiary's 
personal representative) shall, upon request, account for and return to 
the Department of Veterans Affairs any remaining assets derived from 
Department of Veterans Affairs benefits which would under State law 
escheat to the State, less legal expenses of any administration 
necessary to determine that an escheat is in order.
    (b) General Post Fund; 38 U.S.C. 5220(a). Upon the death of a 
veteran intestate while a member or patient in any facility while being 
furnished care or treatment therein by the Department of Veterans 
Affairs, who is not survived by a spouse, next of kin, or heirs entitled 
under the laws of the veteran's domicile, the veteran's fiduciary, if 
any, or the veteran's personal representative shall account for and turn 
over to the Department of Veterans Affairs all personal property, 
including money and chooses in action owned by the veteran at the time 
of his or her death. (See also Sec. 14.514(c) of this chapter.)
    (c) Refusal of fiduciary or personal representative to cooperate. If 
the fiduciary or personal representative, if any, refuses to voluntarily 
comply with the provisions of paragraph (a) or (b) of this section, the 
Veterans Service Center Manager will submit a complete report to the 
Regional Counsel.

[36 FR 19025, Sept. 25, 1971, as amended at 40 FR 54250, Nov. 21, 1975]