MN Rules of Practice

Actions for Death by Wrongful Act in Minnesota are governed by Rule 144 (Rules of Practice – District Courts).  The rules govern issues regarding the application for appointment of trustee, notice and hearing, transfer of action, distribution of proceeds, validity and timeliness of action, actions on behalf of minors and incompetent persons, when petition and order are required, contents and filing of petition.

Rule 144.01 Application for Appointment of Trustee.

Every application for the appointment of a trustee of a claim for death by wrongful act under Minnesota Statutes, section 573.02, shall be made by the verified petition of the surviving spouse or one of the next of kin of the decedent.  The petition shall show the dates and places of the decedent’s birth and death; the decedent’s address at the time of death; the name, age and address of the decedent’s surviving spouse, children, parents, grandparents, and siblings; and the name, age, occupation and address of the proposed trustee.  The petition shall also show whether or not any previous application has been made, the facts with reference thereto and its disposition shall also be stated.  The written consent of the proposed trustee to act as such shall be endorsed on or filed with such petition.  The application for appointment shall not be considered filing of a paper in the case for the purpose of any requirement for filing a certificate of representation or informational statement. 

 
Rule 144.02 Notice and Hearing.
             
The petition for appointment of trustee will be heard upon such notice, given in such form and in such manner and upon such persons as may be determined by the court, unless waived by the next of kin listed in the petition or unless the court determines that such notice is not required. 

 
Rule 144.03 Caption.

The petition, any order entered thereon, and the trustee’s oath, will be entitled:  “In the matter of the appointment of a trustee for the next of kin of ______________, Decedent.”

 
Rule 144.04 Transfer of Action.

If the trustee, after appointment and qualification, commences an action for death by wrongful act in a county other than that in which the trustee was appointed, a certified copy of the petition, the order entered thereon and the oath shall be filed in the court where such action be commenced, at the time the summons and complaint are filed therein, and the court file and jurisdiction over the trust will thereupon be transferred to such court.

 
Rule 144.05 Distribution of Proceeds.

Application for the distribution of money recovered under Minnesota Statutes, section 573.02 shall be by verified petition of the trustee.  Such petition shall show the amount which has been received upon action or settlement; a detailed statement of disbursements paid or incurred, if any; the amount, if any, claimed for services of the trustee and of the trustee’s lawyer; the amount of the funeral expenses and of demands for the support of the decedent; the name, age and address of the surviving spouse and each next of kin required to be listed in the petition for appointment of trustee and all other next of kin who have notified the trustee in writing of a claim for pecuniary loss, and the share to which each is entitled.

If an action was commenced, such petition shall be heard by the court in which the action was tried, or in the case of a settlement, by the court in which the action was pending at the time of settlement.  If an action was not commenced, the petition shall be heard by the court in which the trustee was appointed.  The court hearing the petition shall approve, modify, or disapprove the proposed disposition and shall specify the persons to whom the proceeds are to be paid.

 
The petition for distribution will be heard upon notice, given in form and manner and upon such persons as may be determined by the court, unless waived by all next of kin listed in the petition for distribution or unless the court determines that such notice is not required.  The court by order, or by decree of distribution, will direct distribution of the money to the persons entitled thereto by law.  Upon the filing of a receipt from each distributee for the amount assigned to that distributee, the trustee shall be discharged.

The foregoing procedure will, so far as can be applicable, also govern the distribution of money recovered by personal representatives under the Federal Employers’ Liability Act (45 U.S.C. section 51) and under Minnesota Statutes, section 219.77. 

Rule 144.06 Validity and Timeliness of Action

The failure to name the next of kin in a petition required by Rule 144.01 or the failure to notify or obtain a waiver from the next of kin shall have no effect on the validity or timeliness of an action commenced by the trustee. 
Rule 145.  Actions on Behalf of Minors and Incompetent Persons

 
Rule 145.01 When Petition and Order are Required.

No part of the proceeds of any action or claim for personal injuries on behalf of any minor or incompetent person shall be paid to any person except under written petition to the court and written order of the court as hereinafter provided.  This rule governs a claim or action brought by a parent of a minor, by a guardian ad litem or general guardian of a minor or incompetent person, or by the guardian of a dependent, neglected or delinquent child, and applies whether the proceeds of the claim or action have become fixed in amount by a settlement agreement, jury verdict or court findings, and even though the proceeds have been reduced to judgment.

Rule 145.02 Contents and Filing of Petition.

The petition shall be verified by the parent or guardian, shall be filed before the court makes its order, and shall include the following:

               (a)               The name and birth date of the minor or other incompetent person.

               (b)               A brief description of the nature of the claim if a complaint has not been filed.

               (c)               An attached affidavit, letter or records of a health care provider showing the nature of the injuries, the extent of recovery, and the prognosis if the court has not already heard testimony covering these matters.

               (d)               Whether the parent, or the minor or incompetent person, has collateral sources covering any part of the principal and derivative claims, including expenses and attorneys fees, and whether subrogation rights have been asserted by any collateral source.

               (e)               In cases involving proposed structured settlements, a statement from the parties disclosing the cost of the annuity or structured settlement to the tortfeasor. 

If you have suffered the tragic death of a loved one, please contact us today.  We offer free, no obligation consultations.  Simply complete the free legal consultation form online or call the office nearest you.

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Vanderhyde & Associates
Northwestern Building
219 North Second Street, Suite 450
Minneapolis, Minnesota 55401
Phone 612-767-2009
Fax 612-370-4256
E-mail: blake@vanderhydelaw.com

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