A Requirement That Surprises Most Families
Losing a loved one to another party’s wrongful conduct is devastating enough without discovering that Minnesota law requires an extra procedural step before a lawsuit can even begin. Understanding this requirement early helps Rochester families avoid unnecessary delay during an already difficult time.
Why a Trustee Has to Be Appointed First
Under Minnesota Statute § 573.02, a wrongful death claim cannot be brought directly by surviving family members. Instead, a court must appoint a trustee to bring the claim on behalf of the surviving spouse and next of kin. This trustee requirement exists specifically to keep the claim organized when multiple family members may have a legal interest in the outcome.
- Only a court appointed trustee can bring a Minnesota wrongful death claim
- A surviving spouse or next of kin must petition the court for this appointment
- The trustee does not have to be a family member, though it often is
- The trustee files a consent and oath before beginning their duties
Who Actually Serves as the Trustee
The court generally prefers to appoint someone with a close relationship to the deceased person who is willing to act on behalf of all the beneficiaries, not just their own interests. While the trustee does not technically have to be a blood relative, courts most often appoint a surviving spouse, adult child, or other close family member who understands the family’s full situation.
What the Trustee Actually Does
The trustee serves as the official party who brings and manages the lawsuit throughout the litigation process, working closely with the family’s attorney to pursue the claim on everyone’s behalf. Importantly, the trustee acts on behalf of all eligible beneficiaries collectively, not just themselves, and any settlement or recovery requires court approval before it can be distributed.
This collective role means the trustee has legal obligations to every eligible family member, not simply the person who initiated the petition. Courts oversee this responsibility closely, particularly at the settlement stage, to make sure the trustee has genuinely acted in the interest of the whole family rather than favoring any one beneficiary.
Why the Petition Process Requires Specific Details
Petitioning for a trustee appointment requires a verified petition that includes the dates and places of the deceased person’s birth and death, their address at the time of death, and detailed information about surviving family members, along with the name and background of the proposed trustee. Missing or incomplete information in this petition can delay the appointment and, by extension, delay the underlying wrongful death claim itself.
How Long a Family Has to File
Most Minnesota wrongful death claims must be commenced within three years of the date of death, though this window can vary depending on the underlying cause, such as claims involving alleged medical negligence. Because the trustee appointment has to happen before the underlying lawsuit can proceed, families benefit from starting this process well before the deadline approaches.
Why Acting Quickly on the Trustee Appointment Matters
Delaying the petition for a trustee appointment does not pause the underlying filing deadline, which means a family that waits too long to begin this procedural step can find themselves racing against time even before the actual lawsuit gets filed. A Rochester wrongful death lawyer handling a new case typically moves to begin the trustee petition process immediately, often alongside the early stages of evidence gathering.
What Compensation the Trustee Can Pursue
Once appointed, a trustee can pursue damages including funeral expenses, lost financial support, loss of companionship, and the medical expenses and pain and suffering the deceased person experienced before death. A Rochester wrongful death lawyer building this kind of case works to document the full scope of what the family and the deceased person actually lost.
Guiding Families Through Every Procedural Step
Bennerotte & Associates, P.A. helps Rochester area families work through the trustee appointment process and the underlying wrongful death claim together, so a procedural requirement does not become an unnecessary source of delay.
