Death & Survivor Benefits

Montana County Interment Allowance for Veterans

Every Montana county must pay up to $500 toward interring a veteran who lived in the state, plus up to $100 to ship and raise a federal headstone. The figure has not moved since 1999 and the burial may not be in a pauper plot.

Also called: burial, interment allowance, $500, 10-2-501, county, headstone, pauper, veterans interment supervisor.

For: Veteran or service member, survivor.

Where it applies

Written for the jurisdictions listed here.

This is an old benefit that still operates and that almost nobody claims. Section 10-2-501 requires the board of commissioners of every Montana county to designate a person in the county, preferably a veteran, as veterans' interment supervisor, and requires that supervisor to see that the body or cremated remains of any veteran who was a resident of Montana at the time of death is decently interred. The supervisor is unpaid. The county of residence must pay a sum not exceeding $500 toward the interment expense. A further sum, not exceeding the actual cost up to $100, is payable for shipping and raising a headstone provided under federal law, and the supervisor must help the personal representative or heirs apply for that headstone if asked. Set the figure against reality before relying on it. Section 10-2-501 has not been amended since 2011, and the federal plot allowance and burial allowance have both moved since. Five hundred dollars is a contribution toward a funeral, not the cost of one. It is nonetheless a real payment that the family has to ask for, because the mechanism starts with the county's supervisor rather than with an application form. The dignity rule in subsection (3) is the part of this section with teeth: the interment may not be made in a burial ground or cemetery, or in a portion of one, used exclusively for the interment of pauper dead. Subsection (9) adds that an interment may not be covered by any special or standing contract under which the cost is reduced below the statutory maximum "to the disparagement of proper interment", which stops a county contracting for a cheaper and lesser funeral. Three limits. Section 10-2-506 excludes a veteran who had no legal residence in Montana at the time of death. Subsection (5) makes the benefit unavailable where the personal representative or heirs waive it, so a family that says no cannot come back later. And the definition of veteran is the strict one in 10-2-101, requiring an honorable discharge. Where the death happens away from home the section still works: a veteran who dies while temporarily absent from the state or from their county is covered, and where a veteran dies at a state institution other than a veterans' home, at a federal institution or at a private facility and is not interred in their own county, the institution arranges the interment and the county of residence pays up to $500. For a resident of a Montana veterans' home the county of residence is the county they lived in when they were admitted. A related provision families sometimes need. Section 10-2-111 lets a mortuary hand the unclaimed remains of a veteran to a veterans' service organization for interment, with immunity from simple negligence, after holding the remains at least six months and after notice to the next of kin by mail or, if the address cannot reasonably be ascertained, by publication once a week for three weeks. The notice must say the remains must be claimed within six months. The organization must take all reasonable steps to inter the remains in a veterans' cemetery and may not scatter them.

Thresholds

Thresholds for Montana County Interment Allowance for Veterans
GateRule
A Montana resident at the time of death, honorably dischargedThe allowance reaches a veteran who was a resident of Montana at death, using the strict definition in 10-2-101 that requires an honorable discharge. Section 10-2-506 excludes a veteran with no legal residence in the state.
$500 for interment and $100 for the headstoneThe county of residence pays a sum not exceeding $500 toward interment, and up to the actual cost to a maximum of $100 for shipping and raising a federal headstone. The section has not been amended since 2011.
Not in a pauper plot, and not on a discount contractThe interment may not be in a burial ground or a part of one used exclusively for the pauper dead, and may not be covered by a contract that reduces the cost below the statutory maximum to the disparagement of proper interment. The benefit is lost if the personal representative or heirs waive it.

Sources

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.