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

Disclaimer: I am not a lawyer. This article provides general information about North Dakota law and does not constitute legal advice. If you need legal advice about enforcing or disputing an agreement, consult a licensed North Dakota attorney.

Detailed answer: Overview of the legal framework in North Dakota

In North Dakota, a wrongful death claim is a civil action brought after someone dies because of another’s wrongful act. The proceeds from a wrongful death recovery (settlement or judgment) are controlled by the person authorized to act for the decedent’s estate or by court order. How an oral agreement to divide those proceeds is treated depends on three main things:

1. Who had authority to make the agreement (the personal representative or the beneficiaries themselves);
2. Whether the oral agreement qualifies as an enforceable contract under North Dakota law (offer, acceptance, consideration, capacity, and no fatal statutory bar such as a required writing); and
3. Whether a court has already approved a settlement or distribution (court-approved distributions are much harder to undo).

North Dakota’s wrongful death statutes create the right to bring the action and identify who may recover; the state’s probate and civil rules control who can settle claims for the estate and how distributions are handled. For access to the North Dakota Century Code, see the legislative code pages (for wrongful death and probate): https://www.legis.nd.gov/cencode and the wrongful death chapter: https://www.legis.nd.gov/cencode/t32-21

Who can bind the proceeds?

Generally, the personal representative (executor/administrator) of the decedent’s estate has authority to bring or settle wrongful death claims on behalf of the estate and the beneficiaries. If a personal representative lacks authority or acts outside court approval when required, beneficiaries may challenge the settlement or distribution in probate or district court.

Are oral agreements enforceable?

Oral agreements can be enforceable in North Dakota if they meet the elements of a contract: mutual assent, consideration (something of value exchanged), capacity, and legality. However, certain agreements must be in writing under the statute of frauds (for example, some contracts involving real estate or that cannot be performed within one year). An agreement merely to split money from a tort recovery is often not per se barred by the statute of frauds, but whether a particular oral agreement is enforceable depends on the facts.

When a written settlement or court order exists

A signed written settlement agreement or a court order approving a settlement normally controls distribution. Courts give strong weight to written releases and orders. If proceeds were distributed consistent with a valid written settlement or final court order, reversing that distribution is difficult unless fraud, forgery, lack of capacity, duress, or serious procedural defects can be proven.

Practical steps to enforce an oral agreement

1. Confirm who made the agreement and their authority. If the personal representative made the oral promise, determine whether they had estate authority or court approval to bind the beneficiaries.
2. Gather evidence. Collect witnesses, recorded conversations (if legally recorded), emails or texts confirming terms, bank transfers, canceled checks, and notes of meetings that corroborate the oral agreement.
3. Send a written demand. Send a clear demand letter to the other party (or the personal representative) stating the oral agreement terms, attaching supporting evidence, and demanding performance or payout within a stated time. A demand letter often prompts settlement.
4. Attempt alternative dispute resolution. Mediation or arbitration can resolve disputes faster and cheaper than litigation.
5. File a lawsuit if needed. If negotiations fail, you can sue for breach of contract, seek specific performance, or ask the court to enforce the settlement. If the proceeds are in the probate estate, you may also file objections in probate or ask the court for an accounting or to compel distribution per the agreement.

Practical steps to dispute an oral agreement

1. Object formally if probate proceedings are pending. If distribution is proposed in probate court, file a formal objection and request an accounting. Ask the court to freeze distribution pending resolution if you have a strong basis.
2. Preserve and collect evidence. Gather anything that undermines the alleged oral agreement: proof the person lacked authority, inconsistent communications, evidence of undue influence, or proof of fraud or misrepresentation.
3. Assert defenses. Common defenses to enforcement include lack of capacity, duress, mistake, undue influence, or that the agreement violates a statute requiring a writing.
4. Seek declaratory relief. You can ask a court for a declaration of each party’s rights to the proceeds (a declaratory judgment) or to void the agreement if it is invalid.
5. Challenge distributions already made. If proceeds were already distributed in violation of an enforceable agreement or by a representative acting beyond authority, you can pursue an action to recover the funds from the recipient as a claim against the estate or a separate civil action.

Which court handles the dispute?

Wrongful death and contract disputes typically go to district court. Probate courts (district courts sitting in their probate capacity) handle estate accounting and distribution challenges. If the dispute centers on whether a personal representative properly settled a wrongful death claim or properly distributed estate assets, file the challenge in the probate proceedings in the district court that is administering the estate.

Evidence that strengthens an enforcement claim

• Emails, text messages, or letters confirming the agreement.
• Witness statements from people who heard the terms.
• Partial performance (for example, one party already paid part of the agreed share or took actions in reliance).
• Bank records showing transfers consistent with the agreement.
• Notes or contemporaneous records from meetings where the agreement was made.

Common defenses and problems you may face

• No written record: oral promises are harder to prove and win.
• Authority: if the person who made the agreement lacked authority to bind the estate, the agreement may be invalid.
• Fraud, duress, or undue influence claims can both invalidate an oral agreement or be used to attack an executed written settlement.
• Final court orders and signed releases: these generally trump later oral claims.

Timing and statute of limitations

Time limits apply to bringing wrongful death claims and to many contract actions. If you wait too long to enforce or dispute an agreement you may lose your right to seek relief. Consult an attorney promptly to determine exact deadlines that apply to your situation.

When to consult an attorney

Talk to a North Dakota attorney if any of these apply:

• The personal representative denies the agreement or denies authority to pay;
• Proceeds have already been distributed and you believe the distribution violated an agreement or the law;
• There is a risk of evidence disappearing, witnesses becoming unavailable, or statute-of-limitations issues;
• The amount at stake justifies formal litigation or retained counsel for negotiation and court filings.

An attorney can help evaluate the strength of an oral agreement, preserve evidence, draft demands, represent you in mediation, and file the necessary actions or probate objections in district court.

Helpful hints

• Get agreements in writing. A short written settlement or release, signed by all parties, avoids most enforceability disputes.
• Document everything. After any oral discussion about money, send a confirming email summarizing the agreement and ask for confirmation.
• Preserve digital evidence. Save texts, emails, and voicemails—don’t delete them.
• Seek timely legal advice. Early counsel can often avoid costly litigation or preserve strong claims.
• Use neutral mediation before suing. Many wrongful death distribution disputes settle in mediation.
• If a personal representative proposes a distribution you disagree with, file a timely objection in probate and request an accounting.
• Remember minors and incapacitated persons: courts protect them and may require written court approval of settlements or transfers.

For general reference to the North Dakota law framework on wrongful death and probate, see North Dakota’s Code pages: https://www.legis.nd.gov/cencode and the wrongful death chapter at https://www.legis.nd.gov/cencode/t32-21

Because each case turns on its specific facts (who said what, when, to whom, and whether the statement-maker had authority), a licensed North Dakota attorney can assess enforceability, identify the best procedural vehicle (contract suit, probate objection, declaratory judgment), and protect your rights.