How to enforce or dispute an oral agreement dividing wrongful death proceeds in Rhode Island

Disclaimer: This is general information and not legal advice. For advice about a specific situation, consult a licensed Rhode Island attorney.

Detailed answer

Who controls a wrongful-death claim and its proceeds in Rhode Island?

In Rhode Island, a wrongful-death action is prosecuted by the decedent’s personal representative on behalf of the estate and the surviving beneficiaries. The wrongful-death statute is codified at R.I. Gen. Laws § 10-7-1 et seq.; see the chapter index here: R.I. Gen. Laws, Title 10, Chapter 7. The personal representative (executor or administrator) has responsibility to pursue claims and to receive and hold recovery for the estate until proper distribution under Rhode Island probate rules.

Are oral agreements dividing proceeds legally enforceable?

Oral agreements can be legally binding in Rhode Island if they meet the basic contract elements: offer, acceptance, mutual assent, and consideration. However, enforceability depends on several practical and legal factors:

• Evidence. Because there is no written document, you must prove the terms by witness testimony, emails or text messages that corroborate the agreement, contemporaneous notes, partial performance (for example, if someone already paid or transferred funds consistent with the deal), or other objective evidence.
• Scope of the agreement. Agreements that affect real estate, last longer than one year, or fall into other categories governed by the statute of frauds may require a written contract to be enforceable. Whether the division of wrongful-death proceeds triggers the statute of frauds depends on the nature of the transaction. When in doubt, seek a written settlement.
• Authority of the signer. The personal representative or anyone purporting to bind the estate must actually have the authority to agree to a division. A “family agreement” among beneficiaries that the personal representative never followed or accepted may not bind the estate unless the representative ratified it or a court approved it.

Typical steps to enforce an oral agreement

1. Gather evidence. Collect witness names, writings (texts, emails), bank records showing payments, notes of conversations, and any contemporaneous documents that show the agreement and its terms.
2. Request written confirmation. Send a clear demand letter asking the other parties or the personal representative to confirm the agreement in writing and to pay or transfer the agreed share.
3. Mediation or settlement conference. Many probate and civil disputes settle when parties use a mediator or informal settlement process.
4. Ask the probate court to approve or enforce the agreement. If the estate is open in probate, petition the probate court for instructions, to approve a proposed distribution, or to enforce an agreement you claim beneficiaries made. See Rhode Island probate rules and Title 33 for probate administration: R.I. Gen. Laws, Title 33 (Wills & Administration).
5. File a civil action. If the other party refuses to honor the oral agreement, you may bring a breach-of-contract action in civil court asking for damages or specific performance (depending on the circumstances).

How to dispute an oral agreement

If you did not agree to the oral division or you challenge the validity of the agreement, these steps are common:

• Object in probate. If the estate is being administered, file a formal objection in probate to the proposed distribution. Ask the court for an accounting of receipts and disbursements and for instructions on proper distribution.
• Challenge authority. Show the court that the person who made the oral promise lacked authority to bind the estate (for example, they were not the personal representative or the personal representative never ratified the deal).
• Show lack of agreement or coercion. Present evidence that there was no meeting of the minds, that terms were never settled, or that any alleged agreement was induced by fraud, duress, or undue influence.
• Seek temporary relief. If proceeds are at risk of imminent distribution, you can ask a court for injunctive relief (a temporary restraining order or preliminary injunction) to preserve the assets pending outcome.

Practical issues specific to wrongful-death proceeds

• The personal representative must act in the estate’s best interest. Beneficiaries cannot unilaterally bind the estate unless the personal representative accepts the deal or the court approves it.
• Courts favor written settlements. A court will more readily enforce a clear written settlement or an order memorializing settlement terms than a contested oral agreement.
• Timeliness matters. Delay in raising objections can weaken your position. If funds get distributed and third parties receive them, undoing those transfers becomes harder.

Helpful hints

• Get it in writing. Whenever possible, reduce any agreement about division of proceeds to a signed writing or a court order.
• Document everything. Keep texts, emails, notes of phone calls, dates, times, and witness names. Partial performance (like accepting payment) can strongly support enforcement of an oral deal.
• Talk to the personal representative. If a disagreement is interpersonal, ask the personal representative to clarify their understanding and to either sign a written settlement or seek court instructions.
• Mediation first. Courts often require or favor mediation; it can save time and expense compared with litigation.
• Act quickly. Preserve evidence and raise objections in probate at the earliest practical point. Distributions made without notice may be reversible but the sooner you act the better.
• Consult an attorney. A Rhode Island lawyer can advise whether an oral agreement is likely enforceable, help gather proof, explain applicable limitation periods, and represent you in probate or civil court.

Key Rhode Island statutory references: wrongful-death statutes (R.I. Gen. Laws § 10-7-1 et seq.): https://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/INDEX.HTM; probate and administration statutes: https://webserver.rilin.state.ri.us/Statutes/TITLE33/INDEX.HTM.

Again, this information explains general Rhode Island principles and steps to consider. It does not create an attorney-client relationship or substitute for legal advice specific to your facts.