Losing a family member because of someone else’s negligence is one of the most difficult experiences a person can go through. In addition to the grief, there are often pressing questions about how the legal process works and who is entitled to financial recovery. Minnesota law sets clear rules for who receives money in a wrongful death claim, but the process may differ from what many expect.
An experienced wrongful death attorney can walk you through the specifics; for now, here is an overview of how the system works.
The Role of the Trustee in a Minnesota Wrongful Death Case
One of the most important things to understand about wrongful death claims in Minnesota is that individual family members do not file the lawsuit on their own. Under Minn. Stat. § 573.02, the court appoints a trustee to bring the claim on behalf of the surviving spouse and next of kin. The trustee is usually a close family member, though it need not be.
A surviving spouse or any qualifying next of kin can petition the court to appoint a trustee. In most cases, the family and their attorney will recommend a specific person for the role rather than leaving the selection entirely up to the court.
The trustee’s job is to represent the interests of every eligible family member throughout the case. This person handles the legal process, works alongside the attorney, and manages any funds that are recovered. Before receiving any money, the trustee must file a bond with the court as security.
This structure exists to keep things organized. Rather than having multiple family members file separate claims, one trustee brings a single lawsuit that accounts for everyone’s losses.
Who Receives the Money and How It Is Divided
Once a wrongful death case is resolved, whether through a settlement or a court verdict, the proceeds go to the deceased person’s surviving spouse and next of kin. The amount each person receives is based on the pecuniary loss they individually suffered as a result of the death.
The family members who may be eligible to receive a share typically include:
- The surviving spouse
- Children of the deceased, including adult children
- Parents of the deceased, if no spouse or children survive
- Siblings, depending on the family structure
The money does not pass through the deceased person’s estate the way an inheritance would. Instead, it is distributed directly to the eligible family members based on what each person can demonstrate they lost. The court must approve how the proceeds are divided.
Set Up a Free Consultation With a Minneapolis Wrongful Death Attorney at Hall Law Personal Injury Lawyers
The rules around who files a wrongful death claim and who receives the proceeds can be difficult to navigate in Minnesota. Determining how the trustee system works and who qualifies as next of kin is important, but it is not something you need to figure out without legal help by your side.
Schedule a free consultation with a Minneapolis wrongful death attorney at Hall Law Personal Injury Lawyers today to get started with your case. While no amount of money could ever undo what happened, a successful claim can leave you with a sense of justice and meaningful financial support moving forward.
We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina. We proudly serve Hennepin County, Stearns County, and their surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615, Minneapolis, MN 55402
(800) 292-1979
Find us with our GeoCoordinates: 44.97514068188609, -93.27349979814521
Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320, St Cloud, MN 56301
(320) 255-1000
Find us with our GeoCoordinates: 45.55903612908877, -94.16420517306956
Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203, Edina, MN 55424
(952) 697-5560
Find us with our GeoCoordinates: 44.90963991439301, -93.34937342327198