Death Gratuity Laws
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What Is a Death Gratuity?
Death gratuities are special, tax free payments made to certain family members if a soldier of the U.S. Armed Forces dies. They are governed by federal statutes: 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
- 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
- If stated by the deceased, one or more of the following, in equal shares:
- Brothers or sisters
How Much Can a Relative Receive?
The standard death gratuity amount is usually $100,000. Additionally, a retiree who dies from a service related injury more than 120 days after separation from the Armed Forces is entitled to $12,000.
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. An estate lawyer will be able to help protect your rights as an eligible survivor and deal with the relevant agencies involved.
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Last Modified: 08-15-2014 10:06 AM PDT
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