Benefits: Death Benefits: To Whom Paid

Liberty NW v. Halling and Oliver [11/5/03] 2003 MTWCC 65 Where a beneficiary ceases to be such, the remaining beneficiaries are entitled to share the full death benefits, as calculated pursuant to section 39-71-721(2), MCA (1999), undiminished by the former beneficiary's former share. In re Gaither, 244 Mont. 383, 797 P.2d 208 (1990), is distinguished.

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.