Page:United States Statutes at Large Volume 107 Part 2.djvu/681

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PUBLIC LAW 103-160—NOV. 30, 1993 107 STAT. 1631 in a facility administered by such Secretary. The Retirement Home shall not oe responsible for the costs incurred for such care by a resident of the Retirement Home who uses a private medical facility for such care.". (d) DISPOSITION OF ESTATES OF DECEASED PERSONS.— Subsection (a) of section 1520 of such Act (24 U.S.C. 420) is amended to read as follows: "(a) DISPOSITION OF EFFECTS OF DECEASED PERSONS.— The Director of each facility that is maintained as a separate establishment 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, United States Code, 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 peirents of the deceased.

"(D) The siblings of the deceased. "(E) The next-of-kin of the deceased.". (e) SALE OF EFFECTS. —Subsection (b) of such section 1520 is amended to read as follows: "(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) 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 entiret],^ 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 imclaimed estate property, the proceeds of the sale shall be deposited in the 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. The heirs Claims. or legatees of the deceased resident may file a claim made with the Comptroller General of the United States to reclaim such proceeds. A determination of the claim by the Comptroller General Courts. shall be subject to judicial review exclusively by the United States Court of Federal Claims. "(2)(A) The Director of a facility maintained as a separate establishment of the Retirement Home may designate an attorney