How to Appoint a Trustee for a Wrongful Death Lawsuit in Minnesota

The Requirement for a Wrongful Death Trustee

Losing a family member due to someone else's negligence is one of the most painful experiences a family can endure. If you are preparing to seek justice through the civil court system, you must follow strict procedural rules. Under Minn. Stat. § 573.02, an individual family member cannot simply file a wrongful death lawsuit on their own behalf. Instead, the court requires the appointment of a 'trustee'.

This trustee acts as the official legal representative for all of the surviving next of kin. Their primary job is to manage the lawsuit, hire an attorney, make settlement decisions, and ensure that any financial recovery is distributed fairly. Failing to properly appoint a trustee before the statute of limitations expires can result in the entire lawsuit being permanently dismissed, a strict rule demonstrated in precedents like Ortiz v. Gavenda, 590 N.W.2d 119 (MN Supreme Court 1999). Therefore, this must be your very first legal step.

The Appointment Process and Challenges

The process begins by filing a formal petition. Usually, a surviving spouse or adult child steps forward for the role. You or your lawyer will submit this petition to the court in the county where the deceased lived or where the incident occurred, such as the Hennepin County District Court, Minneapolis or the Ramsey County District Court, St. Paul. Along with the petition, you generally file Form CIV102, Minnesota, Judicial Branch, Certificate of Representation and Parties and obtain written consent from the other next of kin.

Appointing a Trustee When Family Members Disagree

In a perfect scenario, all family members sign a consent form agreeing on who should be the trustee. However, grief and strained relationships often lead to disagreements. If a surviving spouse and children from a previous marriage cannot agree on who should control the lawsuit, the court will intervene. A judge at the Dakota County District Court, Hastings will hold a hearing to determine who is best suited for the role. The judge looks for someone who is organized, financially responsible, and capable of acting impartially in the best interests of all potential beneficiaries, not just themselves.

Using Out-of-State Trustees for MN Claims

Many families wonder if the trustee must be a resident of Minnesota. The short answer is no. If a parent dies in Minnesota but their adult child lives in Wisconsin or California, that child can still be appointed as the trustee. However, the out-of-state trustee must explicitly consent to the jurisdiction of the Minnesota courts. They must be willing to travel for major legal events, such as depositions or mediations, though a skilled attorney can often handle many procedural hearings virtually or on the trustee's behalf.

Navigating Court Costs and Filing Fees for the Trustee Petition

While hiring a wrongful death lawyer is almost always done on a contingency fee basis (meaning you pay no hourly legal fees), there are administrative costs associated with opening the court file and petitioning for the trustee role.

In most wrongful death cases, your retained law firm will advance these court filing costs so you do not have to pay out of pocket while grieving. We highly suggest browsing our directory of US Lawyers to find a local advocate who can seamlessly handle the trustee petition for your family.

Frequently Asked Questions (FAQ)