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    Subdivision 1. Funeral expenses. On the death of any person receiving public assistance
through MFIP, the county agency shall pay an amount for funeral expenses not exceeding the
amount paid for comparable services under section 261.035 plus actual cemetery charges. No
funeral expenses shall be paid if the estate of the deceased is sufficient to pay such expenses or if
the spouse, who was legally responsible for the support of the deceased while living, is able to
pay such expenses; provided, that the additional payment or donation of the cost of cemetery lot,
interment, religious service, or for the transportation of the body into or out of the community in
which the deceased resided, shall not limit payment by the county agency as herein authorized.
Freedom of choice in the selection of a funeral director shall be granted to persons lawfully
authorized to make arrangements for the burial of any such deceased recipient. In determining the
sufficiency of such estate, due regard shall be had for the nature and marketability of the assets
of the estate. The county agency may grant funeral expenses where the sale would cause undue
loss to the estate. Any amount paid for funeral expenses shall be a prior claim against the estate,
as provided in section 524.3-805, and any amount recovered shall be reimbursed to the agency
which paid the expenses. The commissioner shall specify requirements for reports, including
fiscal reports, according to section 256.01, subdivision 2, paragraph (17). The state share shall pay
the entire amount of county agency expenditures. Benefits shall be issued to recipients by the state
or county subject to provisions of section 256.017.
    Subd. 2.[Repealed, 3Sp1981 c 3 s 20]
History: Ex1971 c 16 s 4,5; 1973 c 717 s 15; 1976 c 239 s 81; 1986 c 444; 1988 c 719 art 8
s 9; 1989 c 89 s 9; 1Sp1989 c 1 art 16 s 5; 1990 c 568 art 4 s 84; 1991 c 292 art 5 s 25; 1992 c
513 art 8 s 13; 1997 c 85 art 4 s 13; 1997 c 203 art 11 s 5; 1999 c 159 s 45

Official Publication of the State of Minnesota
Revisor of Statutes