How to make sure a wrongful death settlement is filed and distributed correctly in West Virginia

Short answer: Use a clear, written settlement agreement; have your attorney prepare and file a proposed order or consent judgment with the circuit court; identify and satisfy liens and attorney’s fees before distribution; and get a court-approved disbursement order when beneficiaries are minors, incapacitated, or when the court requires approval under West Virginia wrongful-death law. Follow the court clerk’s filing rules and keep full documentation of every step.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your situation, talk to a qualified West Virginia attorney who can review the facts and court filings.

Detailed answer — step-by-step checklist to ensure correct filing and distribution

1. Confirm who the legal beneficiaries are

   West Virginia’s wrongful-death statutes define who may recover and how damages are apportioned. Before you split funds, confirm the individuals entitled to a share (spouse, children, dependent relatives, etc.). See West Virginia Code, Chapter 55, Article 7 (wrongful death) for the statutory framework: W. Va. Code, Ch. 55, Art. 7.

2. Get a written settlement agreement that states the distribution

   Never rely on an oral agreement. The settlement document should state:

   • Total gross settlement amount.
   • Specific deductions (attorney’s fees, litigation costs, taxes if any, and known liens).
   • Net amounts payable to each beneficiary and the method of payment (checks, trust, blocked account).
   • Who will sign releases on behalf of the estate or beneficiaries.
   • Who has authority to accept and distribute funds (personal representative, guardian, next of kin, or counsel by court order).

3. Address attorney’s fees and costs in writing

   Specify how fees are computed and whether they come off the top (gross) or from each beneficiary’s share. If counsel will deduct fees from settlement proceeds, the retainer or fee agreement should be attached to the proposed consent order so the court can see the arrangement.

4. Identify and resolve liens, subrogation, and health-payor claims

   Health insurers, Medicare/Medicaid, and medical providers often have reimbursement or subrogation rights. Obtain pay-off figures in writing and include them in the proposed distribution. If Medicaid or other government benefits are implicated, notify the appropriate agency and follow the agency’s process to resolve liens.

5. Prepare the necessary court papers

   Your attorney should prepare and file appropriate documents with the circuit court where the wrongful-death action is pending. Typical filings include:

   • Stipulation of dismissal or settlement agreement.
   • Motion for approval (if required) and a proposed order or consent judgment describing the agreed distribution and any holdback or escrow arrangements.
   • Proposed disbursement order that lists gross settlement, itemized deductions, and dollar amounts payable to each beneficiary.

   If the settlement requires court approval (for example, to release a claim on behalf of minors or to allocate proceeds from a wrongful-death claim), the court will enter an order implementing the distribution.

6. When court approval is required

   Situations that often require a court order include:

   • Beneficiaries who are minors or legally incapacitated.
   • Disputes among beneficiaries about distribution.
   • When the settlement resolves both the decedent’s estate claims and a wrongful-death claim and the court or parties request formal approval.

   When approval is required, the court will review the settlement terms, attorney fees, and any proposed distribution or trust/blocked-account arrangements before signing an order that authorizes distribution.

7. Use escrow or a blocked account when needed

   For minors or disputed shares, the court frequently orders funds placed in a blocked account, guardianship, or trust. The disbursement order should state when and how funds will be released.

8. Get signed releases and satisfactions

   Before releasing payment, collect all required releases from claimants and a satisfaction of judgment or release that the plaintiff’s counsel will file with the court after disbursement. That closes the case and prevents duplicate claims.

9. File proofs and clerk’s entries

   After distribution, file the court-stamped order showing payments and any satisfaction of judgment or dismissal. Keep copies of canceled checks and receipts in case questions later arise.

10. Keep documentation to defend distributions

    Maintain a full paper trail: settlement agreement, lien payoffs, fee calculation, court orders, releases, and bank records. Good documentation protects you if a beneficiary later contests the split.

Practical templates and wording to request from counsel

Ask your attorney to draft a single proposed order that includes:

• Gross settlement amount and source (payer/insurer).
• Itemized deductions with exact amounts (fees, costs, liens).
• Net amount and the payment amounts to each named beneficiary.
• Where funds will be placed if not immediately distributed (escrow, blocked account, trust).
• A clause requiring counsel to file a satisfaction of judgment once the court-ordered disbursements are complete.

Common problems and how to avoid them

• Unclear beneficiary status: Confirm heirs in writing and through probate or statutory lists before splitting funds.
• Unresolved liens: Get payoff letters in writing before disbursing money.
• Disagreements over fees: Attach the fee agreement to the proposed court order so the court can review the reasonableness of the fee.
• Minor beneficiaries: Don’t distribute to minors without a court-approved mechanism (guardian, blocked account, or trust).
• No order or release filed: Always file the final order and satisfaction so the record shows the claim is resolved.

Where to look in West Virginia law and court rules

Primary statutory guidance on wrongful-death claims is in West Virginia Code, Chapter 55, Article 7: W. Va. Code, Ch. 55, Art. 7. For local filing and procedural rules, check the West Virginia Supreme Court / trial court rules and the clerk of court in the county where the action is pending (circuit court). The West Virginia court rules are available here: West Virginia Court Rules.

Helpful hints

• Work with counsel experienced in wrongful-death and probate issues. They know when court approval is needed and how to handle liens.
• Obtain written lien payoffs from Medicare/Medicaid and private insurers; follow agency procedures for repayment.
• Request a proposed consent order early so the clerk can flag missing attachments and speed approval.
• If beneficiaries live out of state, confirm identification and how checks will be delivered or wired securely.
• For large settlements, consider a settlement distribution worksheet that shows gross, deductions, and each net share to avoid confusion.
• Keep original releases and receipts in a safe place; scan and store digital copies as backups.
• If in doubt whether a distribution triggers probate issues, consult the county probate clerk or an estate attorney.

When to call an attorney

Hire or consult a West Virginia attorney if:

• Beneficiaries disagree about the split.
• A beneficiary is a minor or incapacitated.
• Medicare/Medicaid or other lienholders claim repayment.
• You need a court order approving the settlement or distribution.

Following the steps above and working with counsel will significantly reduce the risk of mistakes in filing and splitting a wrongful-death settlement in West Virginia.