How to Enforce or Dispute an Oral Agreement Dividing Wrongful Death Proceeds in Michigan

Short answer: If people orally agreed about how to split wrongful-death proceeds, you can try to enforce that agreement or challenge it in Michigan. The practical path typically begins with gathering proof, asking the personal representative or other parties to honor the agreement, and—if that fails—filing a probate petition or a civil lawsuit (contract or declaratory judgment). The probate court often plays a central role because wrongful-death recovery is handled for the decedent’s estate. This article explains the steps, the kinds of evidence that help, likely remedies, and practical tips.

Important disclaimer

This is general information, not legal advice. I am not a lawyer. For guidance tailored to your situation, consult a licensed Michigan attorney before taking legal action.

Legal basics under Michigan law

Michigan’s wrongful-death recovery framework is governed by the Wrongful Death Act. The act creates a civil claim for death caused by wrongful acts and establishes who may bring a claim and how recovery is handled. See Michigan Compiled Laws, Chapter 600, Wrongful Death Act (for example: MCL 600.2922).

Typically, a wrongful-death action is brought by the personal representative of the decedent’s estate or by survivors through a representative. The proceeds collected in settlement or judgment generally belong to the estate and are distributed consistent with the will or intestacy rules and under probate court supervision. For broader context on estate administration under Michigan law, see the Estates and Protected Individuals Code (EPIC): MCL 700.1101 (EPIC short title and related sections).

Is an oral agreement enforceable?

Oral agreements can be legally enforceable in Michigan, but enforcement depends on:

• whether the oral agreement meets the elements of a contract (offer, acceptance, consideration, capacity and mutual assent);
• the availability and strength of evidence that the parties actually made the agreement and its terms;
• whether any statute requires a writing (some contracts must be written under the statute of frauds); and
• whether the agreement was superseded by a later written settlement, release, or court order.

Typical scenarios where disputes arise

• The personal representative verbally agrees with survivors to split settlement funds a certain way but later distributes differently.
• Family members orally agree among themselves but never sign a release, and one party later sues for a larger share.
• A plaintiff and defendant reach an oral settlement before judgment, but one side refuses to perform.

Step-by-step process to enforce or dispute an oral agreement

1) Preserve evidence immediately

Collect everything that could prove the agreement:

• Phone call logs, text messages, emails, social-media messages.
• Witness names and statements from people who heard the agreement or negotiated it.
• Bank records or wire transfers showing partial payments consistent with the agreement.
• Notes, contemporaneous memos, or recordings (be mindful of Michigan’s recording laws).

2) Ask for performance or a written confirmation

Send a clear demand letter (preferably through counsel) reminding the other party of the terms, asking them to perform, and placing them on notice you will sue if they do not. A demand letter may prompt voluntary compliance or lead to settlement mediation.

3) Use probate procedures if the funds are in the estate

If a personal representative controls the proceeds, you can file an objection or petition in probate court asking the court to: (a) order the PR to account for recovery and proposed distributions, (b) approve or deny distribution under the will or intestacy rules, or (c) resolve competing claims. Probate courts have broad authority to supervise estate administration and resolve disputes over how estate assets should be allocated.

4) File a civil suit when appropriate

If the oral agreement is a contract among survivors or between a survivor and the PR, you may bring a contract claim or a declaratory judgment action in circuit court to enforce the agreement or to declare each party’s rights. Remedies can include money damages, an order declaring the parties’ rights, or—less commonly—specific performance where money damages are inadequate.

5) Consider equitable remedies and provisional relief

If the other side is about to dispose of or dissipate funds, you can ask the court for temporary relief—such as a restraining order, preliminary injunction, or an order freezing disputed funds—to preserve the status quo until the dispute is resolved.

6) Try alternative dispute resolution

Mediation often resolves family disputes faster and at lower cost than litigation. Courts commonly encourage or require mediation in probate and civil cases involving estate assets.

Types of evidence that strengthen an enforcement claim

• Written confirmation of the oral agreement (emails, texts saying “we agreed”).
• Witness testimony from independent people who heard or negotiated the deal.
• Actions consistent with the agreement (payments made, transfers, or releases exchanged).
• Records showing the party acted in reliance on the oral promise (partial performance).

Common defenses to enforcement

• There was no meeting of the minds—the parties disagree about essential terms.
• The oral agreement contradicts a later written settlement or release.
• The statute of frauds applies and requires a signed writing for that kind of agreement.
• Statute of limitations has expired (time limits vary by claim type).

Practical advice and next steps

• Act quickly. Preserve evidence and consult a probate or civil attorney as soon as possible.
• Do not sign releases or accept distributions without confirming they match the agreement and without understanding how acceptance affects your claim.
• Ask the personal representative to deposit disputed funds into the estate or a blocked account until the dispute resolves.
• Explore mediation first—courts and families often resolve these disputes faster and less expensively through negotiation.
• If you are the personal representative, follow probate procedures for notice and petitioning to distribute funds, and seek court guidance if disputes arise.

When to get legal help

If the disputed amount is meaningful to you, if someone is about to move or spend funds, or if the other parties refuse to honor what you understood, consult a Michigan attorney who handles probate and wrongful-death matters. An attorney can review evidence, advise about immediate protective steps (such as requesting a court order to preserve funds), draft a demand letter, and, if needed, file the appropriate petition or lawsuit.

Relevant Michigan law (starting points)

• Wrongful Death Act — see MCL 600.2922 and related sections: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-2922
• Estates and Protected Individuals Code (EPIC) — general estate administration rules: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-700-1101

Helpful Hints

• Get written confirmation: convert any oral agreement into a short written memo signed by all parties—this greatly increases enforceability.
• Preserve communications immediately: save messages, voice mails, and any notes from conversations.
• Request accountings from the personal representative: probate rules require PRs to account for estate collections and distributions, which helps trace funds.
• Think strategically: litigation can be slow and costly; consider mediation or limited-scope court petitions to preserve funds while you negotiate.
• Consult a Michigan probate/wrongful-death lawyer quickly—deadlines and court rules can be strict.

If you want, tell me (1) whether there was a personal representative handling the claim, (2) what written or electronic proof you have of the oral agreement, and (3) whether any funds have been paid out. I can then outline possible next procedural steps you can discuss with a lawyer.