Minn. Gen. Rule of Practice 144.02
Minnesota Wrongful Death Trustee Notice 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.
We explained the need for a trustee to represent the interests of the next-of-kin of the deceased, pursuant to Minn. Stat. 573.02 in Wrongful Death Trustee article. The trustee, before commencing duties shall file a consent and oath. Before receiving any money, the trustee shall file a bond as security therefor in such form and with such sureties as the court may require.The process for appointing a trustee is set forth in Minn.Stat. § 573.02 and to protect the interests of those entitled to share in a monetary recovery. The trustee should not have interests conflicting with those entitled to a recovery see Backman v. Lieser, 289 Minn. 298, 299-300 n.1, 184 N.W.2d 11, 13 n.1 (1971), and Minners v. State Farm Mut. Auto. Ins. Co., 284 Minn. 343, 344 n.2 170 N.W.2d 223, 224 n.2 (1969), and should be removed if not acting in the best interests of the heirs and next of kin. See In re Wrongful Death of Carlson, 427 N.W.2d 752, 754-55 (Minn. App. 1988).
What if a Next-of-Kin is Left Off Petition?
According to Minn. Gen of Practice, 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”.
Contact a Top Rated Minnesota Wrongful Death Attorney
Attorney Kenneth LaBore has handled hundreds of wrongful death cases and has decades experience in knowing how to how negligent parties accountable and how to recover maximum damages under the law. For a free consultation call 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.