Who gets wrongful death settlement proceeds?

First, I want to point out that, while I am an attorney, I am not licensed to practice law in South Carolina.

With that said, I can tell you generally that many states -- like North Carolina, where I do practice law -- have a particular statute that permits wrongful death cases to be filed and such a statute usually identifies which person is qualified to bring the case as the Plaintiff as well as who is entitled to share in the recovery.

For example, in North Carolina a person who is appointed as personal representative of the decedent's estate is the proper Plaintiff, and any recovery is divided amongst the heirs of the decedent according to the statute of intestate succession, i.e., not according to the terms of any Will that the decedent might have left.

If the settlement money has not been distributed to this brother, yet, you may want to consult with a South Carolina attorney who does personal injury and wrongful death cases to see whether you and/or your children are entitled to any of the case settlement money.

I hope this is the type of information you were seeking.

If he negotiated a settlement for himself, it is up to the agreemebt of the claimant and the payor. Typically the children would have right to make their own claim(s).