Page:United States Statutes at Large Volume 55 Part 1.djvu/895

 [55 STAT. istration, if any, is had upon the estate of the deceased veteran; and also the proper expenses and costs of administration, if any: And Distribution to provided further, That if the decedent's estate be insolvent the dis- creditors of insolvent estate. tribution to creditors shall be in accordance with the laws of his domicile, and the preferences and priorities prescribed thereby shall govern, subject to any applicable law of the United States. Remainderofassets. "SEC. 5 . The remainder of such assets or their proceeds shall become assets of the United States as trustee for said Post Fund and disposed Administration of of in accordance with this Act. If there be administration upon the esta decedent's estate such assets, other than money, upon claim therefor within the time required by law, shall be by the administrator of the estate delivered to the Administrator of Veterans' Affairs or his authorized representative, as upon final distribution; and upon the same claim there shall be paid to the Treasurer of the United States for credit to said Post Fund any such money available for final dis- In absence of ad- tribution. In the absence of administration, any money, chose in action, or other property of the deceased veteran held by any person shall be paid or transferred to the Administrator of Veterans' Affairs upon demand by him or his duly authorized representative, who shall Acquittance of deliver itemized receipt therefor. Such payment or transfer shall constitute a complete acquittance of the transferor with respect to any claims by any administrator, creditor, or next of kin of such decedent. Legalproceedingsto "SEC. 6 . If necessary to obtain such assets the Administrator of Veterans' Affairs, through his authorized attorneys, may bring and prosecute appropriate actions at law or other legal proceedings, the costs and expenses thereof to be paid as other administrative expenses of the Veterans' Administration. claims of eopnttle- "SE. 7. Notwithstanding the crediting to said Post Fund of the deede t nt. assets, or proceeds thereof, of any decedent, whether upon determina- Five-year period of limitation tion by a court or the Veterans' Administration pursuant to the provi- sions of section 1 hereof, any person claiming a right to such assets may within five years after the death of the decedent file a claim on behalf of himself and any others claiming with the Administrator of Payment upon re- Veterans' Affairs who, upon receipt of due proof that any person was at date of death of the veteran entitled to his personal property, or a part thereof, under the laws of the State of domicile of the decedent, may pay out of the Post Fund, but not to exceed the net amount credited thereto from said decedent's estate less any necessary expenses, the amount to which such person, or persons, was or were so entitled, and upon similar claim any assets of the decedent which shall not have been disposed of shall be delivered in kind to the Legal disability. parties legally entitled thereto: Provided, That if any person so entitled be under legal disability at the date of death of such decedent said five-year period of limitation shall run from the termination or Legal proceedings to removal of legal disability. In the event of doubt as to entitlement emine entitle- the Administrator of Veterans' Affairs may cause administration or other appropriate proceedings to be instituted in any court having upen vAidmontra jurisdiction. Indetermining questions of fact or law involved in the adjudication of claims made under this section no judgment, decree or order entered in any action at law, suit in equity, or other legal proceeding of any character purporting to determine entitlement to said assets or any part thereof, shall be binding upon the United States or the Administrator of Veterans' Affairs or determinative of any fact or question involving entitlement to any such property or the proceeds thereof, or any part of said Post Fund, unless the Administrator of Veterans' Affairs has been seasonably served with notice and permitted to become a party to such suit or proceeding if he make request therefor within thirty days after such notice. Notice may be served in person or by registered mail upon said Administra- PUBLIC LAWS-CH. 634-DEC. 26, 1941 870

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