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Death Gratuity Lawyers
What is a Death Gratuity?
Death gratuities are special payments made to certain family members if a soldier of the U.S. Armed Forces dies. They are governed by a federal statute: 10 USC §§ 1475-1491.
When Are Death Gratuities Awarded?
A death gratuity is awarded by the U.S. government once they have immediate notice that the death has occurred of one of the following:
- An active duty member of the Armed Forces who dies on active duty or during authorized travel,
- A Reserve of the Armed Forces who dies on inactive duty training,
- Any Reserve of the Armed Forces who dies while traveling directly to or from active or inactive duty training,
- Any member of the Reserve Officer's Training Corp who dies while performing duty or in authorized travel, or
- Any person who has enlisted or been drafted into the Armed Forces and dies while traveling to a place of final acceptance.
When are Death Gratuities Not Awarded?
Death gratuities will not be awarded if:
- the deceased was only a temporary member of the Coast Guard Reserve,
- the death was a result of lawful punishment for a crime, or
- the deceased was dishonorably discharged by the Secretary of Veteran Affairs.
Who is Eligible to Receive a Death Gratuity?
The government will pay a certain amount if the deceased falls into one of the categories above. The recipient of the money will be determined by who is first on the list below:
- A surviving spouse,
- Any children,
- If stated by the deceased, one or more of the following: parents, brothers, or sisters,
- Parents in equal shares, and
- Brothers and sisters in equal shares.
How Much Can a Relative Receive?
The standard death gratuity amount is usually $100,000. This is subject to various exceptions however.
Do I Need an Attorney if I Think I Should Receive a Death Gratuity?
It is highly recommended that you find an attorney if you believe you should receive a death gratuity. A lawyer will be able to help protect your rights as an eligible survivor and deal with the relevant agencies involved.
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