Benefits: Death Benefits: Natural Children

Re: Colon, Edwardo [12/12/02] 2002 MTWCC 63 While the statute governing death benefits provides for payment of a minor child's share to the surviving parent, by expressly providing benefits for the child the statute contemplates that the benefits will be applied to benefit the child, hence where the parent provides no support to the child the benefits may be redirected to the child and the child's guardian. (Construing sections 39-71-721, -723 and -116(3), MCA (1991).)

Shortman v. State Fund [3/13/02] 2002 MTWCC 17 Even though a child is statutorily entitled to one-half of death benefits payable on account of her father's death, while her mother is entitled to the other half, section 39-71-723, MCA, expressly requires that both the mother's and daughter's shares be paid to the mother even though the child is now 18 years of age and considered an adult. Whether the daughter would be entitled to some sort of relief should she leave home but continue her schooling without assistance from the mother is a matter that does not need to be considered where the daughter is residing at home and being supported by her mother.