How to enforce or challenge an oral pact dividing damages from a decedent’s tort claim under Massachusetts law

This FAQ-style guide explains practical steps, legal rules, timelines, and likely outcomes when people claim there was an oral agreement to split money recovered from a deceased person’s tort claim in Massachusetts. It assumes no prior legal knowledge. It does not give legal advice.

Detailed answer — what to know and what to do

Who legally controls a wrongful-death or survival recovery?

In Massachusetts, a wrongful-death action is brought by the decedent’s personal representative. The statutes describing who may sue and who ultimately benefits are in the Massachusetts General Laws, Chapter 229. See M.G.L. c. 229, §2: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter229/Section2 and the chapter overview: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter229.

The personal representative must follow probate rules and has fiduciary duties to distribute proceeds to the persons entitled under law or by court order. The Probate & Family Court oversees estate administration. For general procedures, see the Massachusetts Probate & Family Court information: https://www.mass.gov/orgs/probate-and-family-court.

Are oral division agreements enforceable?

Oral agreements can be binding in Massachusetts in many civil contexts, but enforceability depends on the facts, statutory restrictions, and probate rules. An oral promise among beneficiaries or between a beneficiary and the personal representative may be enforceable as a contract if you can prove its essential terms and that both sides agreed. However:

• Statutory distribution rights and the personal representative’s duties can limit or control how proceeds are finally allocated.
• Court approval may be required to finalize distributions, especially if heirs disagree, minors are involved, or the estate administration is ongoing.

Typical steps to enforce an oral agreement

1. Collect and preserve evidence. Save texts, emails, voicemails, witness names, bank transfers, and any partial performance (payments, change of position). Written corroboration makes enforcement far easier.
2. Ask for a written confirmation. Request that the personal representative or co-beneficiaries reduce the agreement to a signed writing. A written agreement or court-approved stipulation resolves many disputes quickly.
3. Request accounting and demand payment. Ask the personal representative for an accounting of the claim, settlement, and proposed distribution. Put the demand in writing and keep records of all communications.
4. File a petition in Probate & Family Court. You can ask the court to determine proper beneficiaries, approve or reject a proposed settlement allocation, and order distribution. The probate court can enforce fiduciary duties, require accounting, surcharge a personal representative, or appoint a new one if misconduct occurs.
5. Bring a contract claim in civil court if needed. If the oral agreement was between private parties (for example, beneficiaries who agreed to split proceeds) and the Probate Court is not the right forum, you can sue for breach of contract, unjust enrichment, or conversion in the appropriate civil court. Remedies include money damages or, rarely, specific performance.

How the courts evaluate oral agreements

Courts look for the same elements as for any contract: offer, acceptance, consideration, and sufficiently definite terms. Because oral promises are easy to misremember or dispute, courts rely on corroborating evidence such as contemporaneous messages, witness testimony, or partial performance (for example, one party already paid or transferred funds because of the promise).

Timing and statute of limitations

Most contract claims in Massachusetts use a six-year limitations period. See M.G.L. c. 260, §2: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter260/Section2. Act quickly. Delay can weaken your claim and may block court relief.

What if money already moved?

If funds moved based on the oral agreement and one party later disputes it, possible remedies include restitution for unjust enrichment, constructive trust, or an accounting. If a personal representative misapplied estate funds, the Probate & Family Court can order recovery and surcharge the fiduciary.

When court approval is required

When a settlement of a wrongful-death action affects estate distribution, parties often seek Probate Court approval to make the allocation final and insulated from later dispute. Court approval is particularly important when minor beneficiaries or intestate distributions are involved. The Probate & Family Court has authority under the probate code (see M.G.L. c. 190B for probate administration rules): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.

Practical outcomes to expect

• Where you have strong evidence, a court may enforce the oral agreement or award money damages.
• Where evidence is thin, the court may defer to statutory distribution or order an accounting and divide proceeds per statute.
• If the personal representative breached fiduciary duties, the court can remove them, award damages, and order distribution as appropriate.

Helpful Hints

• Preserve everything. Save messages, call logs, and witnesses now.
• Ask for a signed, written agreement before any money changes hands.
• Get an accounting from the personal representative in writing and early.
• Consider mediation. Courts often favor settlement and mediation can be faster and cheaper than litigation.
• File any claim promptly. Massachusetts contract claims commonly use a six-year statute of limitations: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter260/Section2.
• If minors, incapacitated persons, or estate administration matters are involved, bring the issue to Probate & Family Court: https://www.mass.gov/orgs/probate-and-family-court.
• Consult an attorney for pleadings and court filings. A lawyer can identify the right forum, prepare petitions, and gather admissible evidence.

Quick reference links:

• Wrongful-death statute (M.G.L. c. 229): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter229
• Probate and estate administration (M.G.L. c. 190B): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Statute of limitations for contract actions (M.G.L. c. 260, §2): https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter260/Section2
• Massachusetts Probate & Family Court: https://www.mass.gov/orgs/probate-and-family-court

Important disclaimer

This article explains general Massachusetts legal principles for educational purposes only. It does not provide legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Massachusetts attorney.