Who Can Bring a Wrongful Death Action in Minnesota?
When a family loses a loved one because of someone else’s negligence, one of the first legal questions that comes up is: Who is actually allowed to file a wrongful death lawsuit? Unlike some states where any close family member can start the case, Minnesota law has a very specific process. Choosing the wrong person can delay the claim or even affect your ability to recover damages.
This post explains who can bring a wrongful death action in Minnesota, how the process works, and what families should know before filing.
Minnesota’s wrongful death statute, Minn. Stat. § 573.02, controls who can bring the claim. Under this law, a wrongful death case is not brought directly by the family members, it must be brought by a court-appointed trustee.
Who Can Ask to Be Appointed as Trustee?
The statute allows the court to appoint a trustee “for the exclusive benefit of the surviving spouse and next of kin.” Typically, the trustee is one of the following:
- The surviving spouse
- An adult child
- A parent
- An adult sibling
- Another close relative agreed upon by the family
- In rare cases, a neutral third party (for example, if there is family conflict)
The court generally prefers to appoint someone who has a close relationship with the decedent and who is willing to act on behalf of all beneficiaries.
Why Minnesota Requires a Trustee
Minnesota’s trustee system exists to keep wrongful death claims organized and fair. Because multiple family members may have a legal interest in the case, the trustee acts as:
- The legal representative who files the lawsuit
- The decision-maker for litigation strategy
- The point of communication between the attorney and the family
- The person who collects settlement or verdict funds (held in trust)
- The one responsible for distributing the funds according to Minnesota law or court order
The trustee does not get a larger share of the monetary recovery simply because they are the trustee. They act for the benefit of all eligible next-of-kin.
Who Can Receive Compensation?
Even though the trustee is the one who brings the lawsuit, the settlement or jury verdict goes to the family members, not the trustee personally.
Under Minnesota law, compensation is distributed among:
- The surviving spouse
- Children
- Parents
- Siblings
- Other next-of-kin, depending on the relationship and financial dependence
Distribution can be based on an agreement among family members. If there’s no agreement, the court determines each person’s proper share based on their pecuniary loss (financial and relational loss resulting from the death).
Can More Than One Person Bring the Wrongful Death Claim?
No. Only one trustee is appointed to represent all eligible family members. This prevents multiple competing lawsuits and ensures a single unified action against the at-fault party.
However, if the trustee is unwilling or unable to serve, or if the family believes someone else would be more appropriate, the court can remove or replace the trustee.
What If the Person Did Not Have a Spouse or Children?
If the deceased person has no surviving spouse or children, Minnesota law allows the following relatives to be beneficiaries:
- Parents
- Siblings
- Grandparents
- In some cases, cousins—the exact scope depends on kinship and financial dependence. A lawyer can help identify who qualifies.
What About Unmarried Partners or Stepchildren?
This is one of the most common questions families ask.
Unmarried partners
Minnesota does not automatically include unmarried partners or fiancés as “next of kin.” However, the court may consider their financial dependence or unique relationship when determining damages if they are part of the household.
Stepchildren
Stepchildren are not automatically next-of-kin, but if the decedent financially supported them or lived with them, they may be eligible depending on the facts.
These situations are fact-dependent and benefit from legal guidance early on.
What Families Should Do First
Before filing anything with the court, families should:
- Contact an experienced wrongful death attorney to evaluate eligibility.
- Discuss who should serve as trustee and ensure the person is willing to act on behalf of everyone.
- Prepare the trustee petition for court approval.
- Start the investigation quickly, especially in cases involving car crashes, trucking accidents, or workplace incidents.
Because Minnesota’s statute of limitations for wrongful death cases is usually three years from the date of death, families should not wait to start the process. Learn more about what we do in wrongful death cases.
The attorneys at Sieben & Cotter have expertise with wrongful death cases. If you are interested in a free, comprehensive case review, call Sieben & Cotter at 651-455-1555 to arrange your consultation, or send a request for more information.