Wrongful Death Distribution of Proceeds
How is Distribution or a Settlement or Verdict Determined?
In a case for wrongful death distribution of proceeds the next-of-kin of the decedent are distributed proceeds at the direction of the trustee and court approval.
First a Trustee for Next-of-Kin is Appointed
According to Minnesota Statute 573.02, Subd 3., there must be a written petition by the surviving spouse or one of the next of kin, the court having jurisdiction of an action falling within the provisions of subdivisions 1 or 2, shall appoint a suitable and competent person as trustee to commence or continue such action and obtain recovery of damages therein.
Trustee Petitions Then Court Determines How Distributed?
According to Minn. R. Gen Prac. 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
What Court Hearing Distribution Hearing?
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.
Is a Court Hearing Always Necessary?
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.
Contact Us to Discuss Your Wrongful Death Claim
If you have questions on wrongful death distribution of proceeds or other questions about wrongful death claims, contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.
