Detailed answer — what you need to know

1. Basic legal framework

Wrongful-death and survival claims arise from the same facts as many torts, but they produce money that must be distributed among heirs and beneficiaries and sometimes become part of a deceased person’s succession (estate). How proceeds are divided depends on (a) who is entitled to recovery under Louisiana law and (b) any lawful agreement among those entitled persons or their representatives.

Parties can generally make settlement agreements to resolve claims. A settlement that divides proceeds is, in essence, a contract. Louisiana enforces contracts when there is mutual consent and consideration. However, some agreements affecting successions, interests in immovable property, or agreements that must be recorded will require a writing. Whether an oral agreement is binding therefore depends on the subject matter and whether any special formalities apply.

2. Who can bind the estate or the heirs?

– Successions usually have a representative (executor/administrator or temporary administrator). That representative generally has the exclusive power to manage and settle claims that belong to the succession during administration. If someone who is not the succession representative promises a division of proceeds on behalf of the estate, that promise may not bind the estate unless the representative later ratifies it or a court recognizes it.

– If all heirs (or all parties entitled to the wrongful-death recovery) are adults and agree among themselves about distribution, their agreement can be enforceable as a contract between those parties provided no required formalities (e.g., court approval for minor beneficiaries) are missing.

3. When does the court need to approve a settlement or distribution?

Court approval may be required in some situations:

• If the settlement affects minors, interdicted persons (those under guardianship), or other protected persons, a court must usually approve compromises and distributions to protect those beneficiaries.
• If assets must pass through succession proceedings, the court supervising the succession may need to be involved to approve a partition or homologate (confirm) a compromise.

Without required approval, a purported distribution could later be challenged as invalid.

4. Proving an oral agreement

Because oral agreements lack a written record, proof matters. Relevant evidence includes:

• Testimony from credible witnesses to the agreement.
• Contemporaneous communications (text messages, emails, voicemails) reflecting terms or acceptance.
• Partial performance (payments made, transfers, actions taken consistent with the agreement).
• Notes, meeting minutes, or drafts that demonstrate mutual consent.

Courts will weigh credibility and the totality of evidence to determine whether an oral contract existed and what its terms were.

5. Common defenses to enforcement

When someone disputes enforcement of an oral agreement, common legal defenses include:

• Lack of capacity or authority (the person who made the agreement lacked authority to bind the estate).
• No meeting of the minds (the parties never reached true mutual agreement on essential terms).
• Illegality or public-policy problems (rare in distribution agreements but possible).
• Required formalities missing (if the law requires a writing for that subject matter).

6. Practical enforcement steps in Louisiana

If you believe an oral agreement about wrongful-death proceeds should be enforced:

1. Gather evidence: collect all communications, proof of payments or transfers, witness names, and any probate documents showing who is representative of the succession.
2. Confirm who has authority: determine whether the succession is open and who the representative is; check whether that representative authorized the agreement.
3. Send a demand: a written demand or settlement letter can sometimes resolve disputes without court involvement.
4. Try mediation or negotiation: courts favor settlement and parties often reach agreement faster and cheaper with neutral mediation.
5. If necessary, file suit: you can file a civil action asking a court to enforce the oral agreement (contract action) or to partition/homologate a division of proceeds in the succession court. The exact claim depends on the facts (breach of contract, petition to homologate a compromise, or succession proceeding).

7. Time limits and urgency

Different legal claims have different prescription (statute of limitations) periods in Louisiana. The wrongful-death tort claim itself and any related claims may have strict deadlines. Delaying action risks losing legal rights. If the estate is being administered, delays can also allow the representative to distribute assets in a way you believe is incorrect, complicating recovery later.

8. Typical court outcomes

A Louisiana court resolving a dispute over an oral agreement may:

• Find the oral agreement enforceable and order the parties to comply or award damages for breach;
• Find the agreement unenforceable and leave the parties where they stand under succession law;
• Require court-supervised distribution if beneficiaries need protection (minors, interdicted persons); or
• Order reimbursement or accounting if the succession representative acted outside authority.

Helpful Hints — practical checklist

• Act quickly. Time limits can be short for tort and contract claims.
• Identify the succession representative and obtain public succession records (petition, appointment, inventory).
• Collect all evidence supporting the oral agreement: messages, witnesses, bank records, and any partial performance.
• Ask whether court approval is required — especially if any beneficiary is a minor or under guardianship.
• Consider mediation before filing suit; courts often encourage settlement.
• Keep careful written records going forward: once a deal is agreed, get it in writing and, if appropriate, have the court homologate the compromise.
• Consult a Louisiana attorney experienced in succession and wrongful-death matters to evaluate authority, required filings, and prescription periods.
• Use the Louisiana Legislature’s law search to find statutes and text relevant to successions, contracts, and delictual actions: https://www.legis.la.gov/Legis/LawSearch.aspx