Detailed Answer
Under Minnesota law, the distribution of wrongful death proceeds follows the Minnesota Wrongful Death Act (Minn. Stat. §§ 573.01–573.03). A personal representative must file a wrongful death claim within three years of the decedent’s death. The court oversees distribution after settlement or verdict.
Beneficiaries include the surviving spouse, children, parents, and siblings, defined under Minn. Stat. § 573.01. The primary statute, Minn. Stat. § 573.02, outlines the order of distribution:
- Surviving spouse only: spouse receives all proceeds.
- Surviving spouse and children: spouse receives one-half; children split the other half per stirpes.
- No spouse: children inherit all proceeds per stirpes.
- No spouse or children: parents inherit equally.
- No spouse, children, or parents: siblings inherit equally.
- If none of the above: distribution follows next of kin under intestacy rules (Minn. Stat. § 524.2-101 et seq.).
Per stirpes distribution ensures each branch of the family receives an equal share. A personal representative often petitions the probate court to approve the proposed distribution plan.
Helpful Hints
- Verify all potential beneficiaries before distribution.
- Keep detailed records of beneficiaries’ relationships and birth certificates.
- Consult the probate court for petition requirements and standard forms.
- Consider mediation or family meetings if beneficiaries dispute proposed shares.
- Act promptly: courts may dismiss claims filed after the three-year statute of limitations.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.