Jul 18

Nonlawyer Personal Representative May Not Litigate Pro Se on Behalf of the Estate (Minn. App.)


Appellant Craig Anderson filed five lawsuits against numerous individuals for claims involving his father’s estate and property previously owned and occupied by his parents. The current lawsuit entails several additional claims that Anderson filed in his capacity as personal representative of his parents’ estates. The district court imposed preconditions on him before he could file any additional complaints, among them that he must be represented by counsel, post a bond of $20,000, and obtain permission from the court. Anderson, appearing pro se on behalf of the estate, appealed the preconditions. The appellate court dismissed the appeal, holding that a nonlawyer personal representative may not litigate on behalf of an estate, as this constitutes the unauthorized practice of law. A nonlawyer personal representative may only appear pro se when the personal representative’s actions are at issue.

Anderson v. Carlson, 2016 WL 764615 (Minn. App. Feb. 29, 2016) (unpublished)