Detailed answer — step‑by‑step guide under Mississippi law

When a wrongful death claim in Mississippi settles, the parties must do more than sign a settlement agreement. To make sure the settlement is filed correctly and the money is split exactly as agreed, follow these steps.

1. Confirm who has the legal right to recover

Under Mississippi’s Wrongful Death Act, only certain persons may recover and receive money from a wrongful death action. The statute defines who may sue and how proceeds are to be applied. See Miss. Code Ann. § 11‑7‑13 for the wrongful death cause of action and distribution principles. (Review the statute text for the legal standards that govern your case.)

(Statute: Miss. Code Ann. § 11‑7‑13.)

2. Put the settlement terms in a clear written settlement agreement

Before signing or accepting any checks, have a written settlement agreement that includes:

• the total settlement amount;
• a precise allocation of proceeds (e.g., damages for funeral/medical expenses, pecuniary loss, pain and suffering) and the dollar amount or percentage each beneficiary will receive;
• who will sign releases and who will receive the checks;
• who will pay attorneys’ fees, litigation costs, and any other liens or subtractions from the gross recovery;
• a clause explaining what happens if a listed beneficiary is a minor or lacks legal capacity;
• language making the agreement contingent on the court’s approval if court approval is required.

Having precise allocation language avoids later disputes about how proceeds should be split.

3. Address attorney fees and liens up front

Mississippi attorneys typically take fees by written contingency fee agreement, and medical providers or Medicare/Medicaid may assert liens. The settlement agreement should list who will satisfy liens and how fees are calculated and deducted from gross proceeds. Where possible, resolve liens and obtain written lien releases or payoff statements before funds are disbursed.

4. Make sure payments are handled correctly

Standard safe practice:

• have settlement checks issued to the plaintiff(s) and/or to the plaintiffs’ counsel trust account as required by the attorney’s office;
• insist on separate checks if parties are to receive separate shares (or specify how one check will be deposited and split);
• require the insurer to issue final releases conditioned on the court‑approved distribution if the court’s approval will be obtained.

5. File the settlement or entry of satisfaction with the court

If the wrongful death case is pending when the settlement is reached, file the appropriate paper with the court that handled the case (usually the county circuit court or chancery court depending on the action). Typical filings include:

• a stipulation of dismissal or settlement agreement filed and endorsed by counsel;
• a proposed order for the court to approve the settlement and to enter judgment or dismissal with distribution instructions;
• where required, a petition for court approval of a settlement (this is especially common if minors or incapacitated persons are beneficiaries).

When the court approves the settlement or signs an order that disposes of the case, the order should specify how the proceeds will be allocated and direct the clerk or parties how to disburse funds. Ask the court to enter an order that expressly orders distribution consistent with the written settlement agreement — this creates a clear, enforceable path for disbursement and reduces the chance of later disputes.

6. Special protections for minors or incapacitated beneficiaries

If a beneficiary is a minor or legally incapacitated, Mississippi courts commonly require special steps to protect the minor’s share. These steps can include appointing a guardian or guardian ad litem, approving the settlement in court, and requiring that the minor’s share be placed in a court‑approved trust or blocked account. Make sure the settlement agreement contemplates these protections and that the court signs an order implementing them.

7. Get the court to enter a distribution order or judgment

A signed court order that incorporates the settlement terms and directs distribution is the best protection. The order should:

• identify each beneficiary and the exact dollar amount or percentage to be paid;
• direct payment of liens and fees in the agreed order;
• state who will receive the checks and to whom the releases will apply;
• address any special arrangements for minors, incapacitated persons, or structured payments.

Once the judge signs and the order is entered on the docket, it becomes enforceable. Keep certified copies of the order for banks, lienholders, and for your attorney’s file.

8. Follow through on disbursement and document everything

When funds are received, document every step: deposit, checks issued, lien payoffs, and final distributions. Provide written accounting to beneficiaries showing gross recovery, itemized deductions (fees, costs, liens), and net amounts distributed to each person. Having a contemporaneous paper trail prevents future disputes.

9. If someone won’t honor the agreement, seek court enforcement

If a party or a third party (for example, a lienholder or co‑beneficiary) refuses to follow the settlement or court order, you can file a motion to enforce settlement or a motion for contempt, or petition the court for instruction/clarification. Because the court’s order is enforceable, having a clear order greatly improves your ability to resolve disputes quickly.

Helpful hints

• Ask your attorney to draft the settlement agreement and any proposed court order. Precise language saves time and money later.
• Insist lienholders give written payoff statements and, where possible, releases before disbursement.
• When minors are involved, expect the court to require additional filings and to approve the settlement in open court.
• Keep original settlement documents, the court order, certified copies of checks, bank statements, and lien releases in one secure file.
• Ask the court to enter an express distribution order rather than rely solely on a private allocation — an order is easier to enforce.
• If the settlement involves structured payments or annuities, confirm who is responsible for choosing and funding the annuity and obtain written confirmation from the insurer/annuity provider.
• Make sure your attorney complies with Mississippi rules for client trust accounts and contingency fee arrangements so there are no later ethical issues with disbursement.
• If there is any uncertainty about which court handles approval (chancery vs. circuit), consult local counsel promptly—procedures and preferences vary by county.