What Happens When a Veteran Dies With Incorrect Next of Kin on File

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U.S. Army Master Sgt. William Harbeson, serving as a casualty assistance officer, or CAO, renders honors to Pfc. Lawrence R. Beard during funeral services in Westminster, Md. Beard, 27, died in a Japanese POW camp in November 1942. Beard’s remains were unidentified until earlier this year and CAOs accompanied him home for burial. Source: DVIDS

When a veteran dies, the federal system begins a tightly scripted sequence of notifications, record reviews, benefits processing, and decisions about remains and burial. Every step relies on one assumption: that the next of kin and beneficiary information on file is accurate. When it is not, the consequences can be legally complex, financially disruptive, and emotionally painful for families who suddenly discover the person recognized by the government does not match the person the veteran intended to handle their affairs.

The military’s primary document for death notification is DD Form 93, the Record of Emergency Data, which identifies the person who should be contacted and who should receive certain benefits and personal effects. Service members are required to update it, but many do so only at enlistment or during occasional administrative cycles. The Army has publicly urged soldiers to update it more often because outdated information delays benefits and notifications. 

Why Incorrect Next of Kin Happens

Incorrect next of kin information usually results from life changes. Marriages end, new marriages begin, children are born, and relationships with parents or partners shift over time. Veterans who separated years earlier often assume their civilian paperwork, such as marriage licenses or divorce decrees, automatically updates military or VA databases. That assumption is false. The Department of Defense does not pull information from state courts, and VA does not adjust beneficiary designations unless the veteran submits new forms.

Casualty assistance officers consistently warn that families rely on paperwork that may be years out of date. Service members remain responsible for keeping their emergency records accurate, and the government is bound to follow whatever is on file at the time of death. 

How Death Notification Works When the File Is Wrong

When a veteran dies in circumstances involving the military or VA, the listed next of kin is treated as the legally recognized point of contact. This includes deaths on active duty, in VA medical centers, or in cases where federal benefits apply. The government uses the emergency data and beneficiary information exactly as written. If an estranged parent, former spouse, or outdated partner is listed, that individual receives the official notification and the immediate communication that should have gone to the surviving family.

This creates significant emotional harm. Families frequently describe learning about a veteran’s death hours or even days later because the wrong person was notified first. In deaths involving medical examiners or VA, the release of remains and personal effects is also controlled by the recognized next of kin unless a court intervenes. Federal rules governing the disposition of personal property for veterans make clear that staff must release property to the legally designated recipient.

Department of Defense Form 93, the record of emergency data, is used in the event that a Soldier is killed. The form identifies who to contact in emergencies and who should receive death gratuity benefits and any unpaid allowances. U.S Army courtesy photo. Source: DVIDS

What Happens to Benefits and Funeral Decisions

The person listed on DD Form 93 or other beneficiary forms often becomes the default decision maker for burial arrangements. The VA burial allowance and eligibility for interment in a national cemetery require formal applications, and the recognized next of kin normally completes those steps. If the listed person delays, refuses, or makes decisions in conflict with the surviving family’s wishes, the process can become adversarial. Disputes about cremation, military honors, and burial location sometimes end up in emergency probate court because, without judicial action VA and funeral homes must follow the documentation on file.

Financial consequences follow quickly. The military death gratuity, which is a statutorily mandated payment to survivors, is paid according to the designations on file rather than family status. Life insurance proceeds under Servicemembers Group Life Insurance or Veterans Group Life Insurance also follow the beneficiary election on record. The Air Force Installation and Mission Support Center has publicly emphasized that beneficiary choices remain valid until changed, even after divorce. 

Why Fixing the Problem After Death Is Difficult

Once a veteran has died, correcting next of kin information is no longer an administrative task but a legal one. VA and the Department of Defense cannot change records retroactively without a court order. Surviving spouses or children must begin probate proceedings to challenge the listed information, which can take weeks. Attorneys must present evidence, and judges must issue orders that agencies can rely on. During that time, the body may remain unreleased, benefits may be paused, and family conflict often escalates.

Even when everyone agrees the records are wrong, the agencies cannot act on verbal assurances or informal statements. The procedures exist to prevent fraud and ensure clarity, but they often create additional pain for families who are already grieving.

Protecting Families Before Something Goes Wrong

Veterans can prevent most of these problems by updating their next of kin and beneficiary information regularly. This includes DD Form 93 for those still in service, VA emergency contact and beneficiary designations for those who have separated, and insurance elections for SGLI or VGLI. These updates take only a few minutes online or through a personnel office but prevent legal and financial harm that may be impossible to reverse after death.

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