How to Appoint a Plaintiff Ad Litem for a Missouri Wrongful Death Lawsuit

When a person tragically passes away due to negligence, the legal right to sue typically falls to their spouse, children, or parents. But what happens if the deceased was an elderly person with no living immediate family, or an only child whose parents have already passed? The responsible party should not escape justice simply because the victim lacked close relatives. In these situations, Missouri law provides a critical mechanism: the appointment of a 'Plaintiff ad litem.' Navigating this specialized court procedure can be highly complex, which is why it is strongly recommended that you browse our US Attorneys catalog to find an experienced local lawyer to assist you.

What is a Plaintiff Ad Litem?

Under Mo. Rev. Stat. § 537.080.1(3), if there are no surviving Class 1 beneficiaries (spouse, children, parents) and no Class 2 beneficiaries (siblings or their descendants), the court can appoint a Plaintiff ad litem. This is a Latin term meaning a plaintiff 'for the suit.' This individual is usually appointed at the request of an extended family member, a creditor, or any person who believes they are entitled to share in the proceeds of the lawsuit. The Plaintiff ad litem does not personally keep all the settlement money; rather, they act as a fiduciary, managing the lawsuit on behalf of all interested parties.

Step-by-Step Process to Appoint a Representative

Appointing this representative requires formal action in the local circuit court where the lawsuit will be filed. For example, if the accident occurred in Springfield, you would likely file your request at the Circuit Court of Greene County, Springfield.

Step 1: Confirming No Class 1 or Class 2 Relatives Exist

Before the court will even consider appointing a Plaintiff ad litem, your attorney must demonstrate that a thorough search was conducted. You must prove to the judge that the deceased died without a surviving spouse, child, grandchild, parent, sibling, or niece/nephew. If a long-lost sibling is discovered halfway through the lawsuit, they can petition the court to take over the claim, as they hold higher statutory priority.

Step 2: Filing the Petition

Your lawyer will draft and file a formal petition for appointment of a plaintiff ad litem in the civil division of the circuit court pursuant to Mo. Rev. Stat. § 537.080.1(3), filing in the appropriate venue such as the Circuit Court of Boone County, Columbia. The petition will nominate a suitable, responsible adult to serve in this role. Often, an extended family member (like a cousin or an uncle) is nominated, or sometimes an independent attorney is appointed to avoid family disputes.

Step 3: Attending the Hearing

A judge will review the petition. If they are satisfied that no higher-class beneficiaries exist and that the nominated person is competent and free of conflicts of interest, they will issue an order formally appointing the Plaintiff ad litem. This person now has the full legal authority to hire a personal injury lawyer, file the wrongful death lawsuit against the at-fault party, and negotiate settlements.

Duties and Responsibilities of the Appointee

The Plaintiff ad litem holds a position of immense trust. They must act in the best financial interests of anyone who might have a legal claim to the wrongful death proceeds. They are responsible for answering discovery questions, attending mediations, and keeping the court updated on the status of the case. If the case settles or wins at trial, the Plaintiff ad litem cannot simply pocket the money. The procedures surrounding their duties have been carefully outlined in state precedents like Henderson v. Fields, 68 S.W.3d 455 (MO Court of Appeals 2001), which emphasize their strict fiduciary obligations.

Distributing the Settlement to Extended Family

Once funds are recovered, Mo. Rev. Stat. § 537.095 dictates how they are distributed. The Plaintiff ad litem must ask the judge to approve a distribution plan. Extended family members (such as cousins, aunts, or grandparents) must prove to the court that they suffered actual damages due to the death. This could mean they relied on the deceased for financial support, or they paid for the funeral expenses out of pocket. The judge will review the evidence and order the Plaintiff ad litem to distribute the funds proportionally based on the proven losses.

Frequently Asked Questions (FAQ)