Detailed Answer
Short answer: Oral agreements dividing wrongful-death proceeds can be enforceable in Maryland, but enforcing or disputing them often depends on who had legal authority to settle or receive the money (the personal representative or the court), what evidence you have of the agreement, and whether any written settlement or court approval later changed the arrangement. Because wrongful-death recoveries are controlled by Maryland law and by the probate process when an estate is involved, disputes commonly require a demand, negotiation or mediation, and sometimes a lawsuit in civil or probate court.
How Maryland wrongful-death recoveries are governed
Maryland law establishes who may bring a wrongful-death action and how damages are recovered for the benefit of the decedent’s survivors. The wrongful-death statutory framework determines the legal claim and who has authority to sue and settle. See Maryland’s wrongful death statute for the controlling rules and beneficiary structure: Md. Code, Courts & Judicial Proceedings § 3-904.
Who can make a binding agreement?
- If a personal representative (PR) or administrator is appointed for the decedent’s estate, that PR usually has authority to negotiate and settle legal claims on behalf of the estate. A private oral deal among beneficiaries does not bind the PR unless the PR adopts it.
- If the wrongful-death claim was prosecuted and settled by a specified statutory representative (for example, a PR or an executor appointed under the wrongful-death statute), the representative’s written settlement or court-approved compromise typically controls distribution.
- If the estate has no PR and the statutory survivors agreed orally among themselves before any PR was appointed or before settlement, those oral terms might be enforceable between the survivors as a contract—but they still cannot override the authority of a later-appointed PR or a court order.
When is an oral agreement enforceable?
Under general contract principles, oral agreements can form valid contracts if they show offer, acceptance, and consideration and are not barred by a statute requiring a writing. An oral agreement to split proceeds can be enforceable between the parties who made it, especially if there is corroborating evidence (witnesses, contemporaneous messages, bank transfers, voicemail, or notes). However, special rules apply when a court or PR has authority over the claim:
- If a written settlement agreement was executed and/or approved by a court, that written document usually supersedes any earlier oral agreement.
- If funds were paid into court or distributed by the PR in a way that relied on a written settlement, undoing that distribution may require filing a court action.
- Circumstances such as fraud, misrepresentation, undue influence, or lack of capacity can make an oral agreement voidable and open to challenge.
Typical legal routes to enforce or dispute an oral agreement
- Collect evidence: Gather texts, emails, witness statements, bank records, and any notes that show the agreement’s terms and that the parties relied on it.
- Demand and negotiation: Send a written demand to the other parties (or the PR) explaining the oral agreement and seeking performance or payment. Many disputes resolve by negotiation or mediation.
- Mediation or arbitration: Use alternative dispute resolution if the parties agree (or if a prior agreement requires it).
- Civil lawsuit for breach of contract or unjust enrichment: If negotiation fails, you may sue the party who broke the oral agreement for breach of contract or, if no enforceable contract exists, for unjust enrichment or an accounting of the proceeds.
- Probate court action: If the dispute involves a PR’s administration of the estate, file a contest or petition in the probate court asking it to require an accounting, set aside a distribution, or approve a different allocation. The probate court has authority to review the PR’s actions and protect estate beneficiaries.
- Emergency relief: If funds are at risk of being dissipated, you can seek temporary injunctive relief (a court order to preserve assets) while the dispute is resolved.
Evidence that helps an oral-agreement case
Courts and juries rely on corroborating evidence when enforcing oral agreements. Useful evidence includes:
- Emails, text messages, social-media messages describing the pact or confirming terms;
- Bank transfers showing partial performance consistent with the deal;
- Notes or contemporaneous records made by one party;
- Witness testimony from people who heard the agreement;
- Any conduct by parties that shows they relied on or performed under the agreement (e.g., releasing a lien, waiving a claim).
How disputes involving personal representatives differ
If a PR settled the wrongful-death claim, beneficiaries who disagree can usually challenge the PR’s actions in probate court by asking for an accounting, objecting to distributions, or asserting that the PR breached fiduciary duties. Successful challenges may lead to reversal of distributions or removal of the PR when there is misconduct.
Potential outcomes and remedies
- Monetary damages for breach of contract (the value of the promised share).
- Constructive trust or equitable accounting where funds are traceable and justice requires correction.
- Reversal or adjustment of estate distributions via probate court when distributions violated the law or fiduciary duties.
- Injunctive relief to preserve funds pending resolution.
Practical considerations
Even a strong oral-case on the merits can be expensive and take time. Courts give weight to written settlements and court-approved compromises. If you suspect a problem, move quickly to preserve evidence and protect the funds.
Where to get more information
Read the Maryland wrongful-death statute here: Md. Code, Courts & Judicial Proceedings § 3-904. For basic probate and estate information, the Maryland Courts self-help pages are useful: maryland courts – wills & probate.
Next steps to consider: document all communications, preserve bank and settlement documents, send a written demand, consider mediation, and consult a Maryland attorney experienced in wrongful-death, probate, and contract disputes to evaluate your evidence and recommended forum (civil court or probate court).
Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Maryland attorney.
Helpful Hints
- Write down everything you remember about the oral agreement while memories are fresh—dates, places, witnesses, and exact words if possible.
- Preserve all electronic communications and screenshots; they are often decisive in proving an oral arrangement.
- If funds are already distributed or at risk, act quickly: ask a court to freeze or require an accounting if necessary.
- If a personal representative handled the claim, contact the PR in writing and request their file, settlement documentation, and an accounting.
- Consider mediation before suing—courts often encourage settlement and mediation can be faster and cheaper.
- Get legal help early. A Maryland attorney can advise whether to pursue contract claims, probate petitions, or equitable remedies and can calculate potential remedies.
- Do not assume an oral agreement is unenforceable just because it’s not written—focus on gathering supporting evidence and proof of reliance or performance.