What happens if someone dies in Massachusetts and has no money?

Massachusetts Law Section 9: Final Disposition of Deceased Persons

In Massachusetts, the law is clear when it comes to the final disposition of deceased persons who were recipients of aid or assistance. Section 9 outlines the state’s commitment to ensuring a decent final resting place for individuals who pass away while receiving aid or for those without means of support who didn’t seek assistance. Furthermore, it addresses the financial responsibility and potential recovery of expenses from legally liable family members or the deceased person’s estate.

Let’s delve deeper into the details of Section 9 of Massachusetts law and understand its implications.

1. Provision of Decent Final Disposition:

The primary objective of Section 9 is to ensure that every deceased person, regardless of their financial circumstances, receives a decent final disposition. This provision reflects the state’s commitment to treating all individuals with dignity and respect in their passing. It encompasses three distinct categories of deceased persons:

a. Recipients of Aid or Assistance: This includes individuals who were receiving aid or assistance at the time of their death. The state takes responsibility for their final disposition, ensuring that they are laid to rest in a respectable manner.

b. Unassisted Individuals: Section 9 also covers individuals who were without means of support at the time of their death but did not apply for state aid or assistance. These individuals may have been struggling financially but chose not to seek help. The state still steps in to ensure a proper final disposition for them.

c. Unknown Persons Found Dead: In cases where unidentified individuals are found deceased, the state takes on the responsibility of providing them with a decent final disposition. This underscores the state’s commitment to respecting the dignity of every human life, even in the absence of identification.

2. Recovery of Expenses:

While the state shoulders the expenses for the final disposition of the deceased in the aforementioned categories, Section 9 also establishes a mechanism for potential expense recovery. The law allows the Commonwealth to seek reimbursement from legally liable family members.

In practical terms, if a deceased person has family members who are legally responsible for their financial well-being, the state can request that these family members cover the expenses incurred for the final disposition.

3. Limitations on Commonwealth’s Contribution:

Section 9 also establishes limitations on the Commonwealth’s financial contribution to the final disposition expenses. If the total expense of the funeral and final disposition does not exceed $3,500, the Commonwealth will pay an amount not exceeding $1,100 to the funeral establishment. This cap ensures that the state’s financial responsibility is reasonable and proportionate.

4. Right of Reimbursement from the Deceased’s Estate:

In cases where legally liable family members do not pay the expenses, the Commonwealth retains the right of reimbursement from the estate of the deceased person. This ensures that, if there are financial resources available in the deceased’s estate, the state can recover the expenses it incurred for the final disposition.

In conclusion, Massachusetts Law Section 9 is a clear reflection of the state’s commitment to treating all individuals with dignity and respect, even in death. It ensures that deceased persons who were recipients of aid or assistance, those without means of support, and unknown individuals found dead receive a decent final disposition. While the state takes on the financial burden, it also establishes mechanisms for potential expense recovery from legally liable family members or the deceased person’s estate. This law strikes a balance between compassion and fiscal responsibility, guaranteeing that the deceased are laid to rest with dignity while safeguarding the interests of the Commonwealth.