Estate of Kara B. Tornell and Preston H. Tornell, both individually and in his administrator capacity v. Trinity…

Summary

The court held that a nonlawyer administrator cannot prosecute a wrongful-death action on behalf of an estate or pursue the surviving family members' consortium claims without licensed counsel. However, the district court abused its discretion by treating the pro se petition as a legal nullity and dismissing it without allowing Preston reasonable time to obtain counsel. The court vacated the court of appeals decision, reversed the dismissal, and remanded with instructions to allow at least thirty days to retain counsel.