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

Short answer: You can try to enforce an oral agreement about splitting wrongful death proceeds by asking a West Virginia court to recognize the agreement as a valid contract or settlement and order performance or damages, or you can dispute it by filing a claim asking the court to refuse enforcement. Which court and what paperwork you file depends on whether the wrongful death claim has been resolved, whether an estate or personal representative is involved, and the evidence that proves or disproves the oral deal.

Detailed answer

This section explains the typical legal framework in West Virginia, the practical steps parties take, what evidence matters, and common hurdles when someone asserts an oral agreement to divide wrongful death proceeds.

1. Who controls the wrongful death proceeds?

Under West Virginia law the wrongful death action and any recovery are handled by the personal representative or executor acting for the decedent’s estate for the benefit of the decedent’s beneficiaries. See West Virginia’s wrongful death statute: W. Va. Code §55-7-6. That representative normally has the authority to negotiate and accept settlements, but the representative must act in the estate’s and the beneficiaries’ best interests and follow any probate-court directions.

2. Is an oral agreement enforceable?

Oral agreements can be enforceable in West Virginia like other contracts if you can prove (a) there was an offer, (b) acceptance, (c) mutual intent to be bound, and (d) consideration (something of value exchanged). Courts treat settlement agreements the same as other contracts: if the parties agreed and the parties’ actions show they meant to be bound, a court may enforce the deal.

But there are limitations. Some laws require certain agreements to be in writing (the statute of frauds). Also, a personal representative’s authority can be governed by probate procedures and court supervision; a probate or circuit court may have requirements before funds can be distributed to beneficiaries.

3. Common factual scenarios and what to do

• Scenario A — Settlement has been paid to the estate: If the estate already received settlement funds and one beneficiary claims an oral agreement about splitting those proceeds, file a petition in the probate court supervising that estate (or in circuit court if appropriate) asking the court to (a) enforce the alleged agreement, (b) order the personal representative to distribute funds accordingly, or (c) award damages for breach if distribution is refused.
• Scenario B — Settlement is pending but parties orally agreed on division: Move in the pending wrongful death/civil case to enforce the oral settlement, or have the personal representative formally accept the settlement in writing and then obtain court approval for distribution according to the agreement.
• Scenario C — One beneficiary alleges fraud, duress, or lack of capacity: The disputing party can file a lawsuit or a petition in the court handling the wrongful death or the probate matter asserting the oral agreement should not be enforced because it was procured by fraud, undue influence, mistake, or because a party lacked capacity.

4. Which court should you use?

Where you bring the matter depends on the context:

• If the wrongful death action is still pending: file a motion in the civil action (circuit court) to enforce or set aside the settlement.
• If the settlement funds are with the estate or the representative is distributing assets: file a petition in the probate court supervising the estate (or a related action in circuit court) to approve or challenge distributions.
• If there is already a distribution order or court-approved settlement: you may need to file a motion to enforce that order or appeal a distribution decision.

5. Evidence that matters

Because oral agreements are proved by non-written evidence, gather anything that reflects the agreement or the parties’ intent:

• Witness statements from people who heard the agreement
• Text messages, emails, social-media messages, or voicemail transcripts that refer to the deal
• Bank transfers or checks showing partial payments consistent with the agreement
• Meeting notes, drafts, or contemporaneous records
• Admissions by the opposing party

6. Remedies a court can order

If the court finds an enforceable oral agreement, available remedies include:

• Order directing the personal representative to distribute according to the agreement
• Monetary damages for breach if enforcement as-written isn’t possible
• Accountings or injunctions preventing improper distributions
• Sanctions or contempt if a court order is ignored

7. Practical hurdles and defenses

Common defenses to enforcing oral divisions of wrongful death proceeds include:

• Claiming the agreement is barred by a statute that requires a writing (statute of frauds situations)
• Disputes over who authorized the personal representative to agree to the split
• Allegations the signer lacked capacity, was under duress, or that the agreement involved fraud or misrepresentation
• Conflicting evidence about terms — ambiguity can defeat enforcement

8. Timeline and costs

Times vary. Motions and contested hearings can take months. Litigation increases costs; enforcing a clear oral agreement with strong evidence is cheaper than a long, contested fight. Expect attorney fees, court filing fees, and costs for depositions or expert witnesses if the facts are disputed.

9. How to preserve rights and reduce risk

1. Get agreements in writing whenever possible and have the personal representative sign and, if needed, obtain court approval.
2. Document conversations: follow up oral understandings with an email summarizing the terms and ask the other side to confirm.
3. Preserve evidence: save texts, voicemails, emails, notes, and witness names.
4. Act promptly: delays can complicate evidence and limit remedies.

Helpful Hints

• Do not rely only on an oral agreement for high-dollar wrongful death recoveries—ask the estate representative to put the arrangement in writing and seek court approval.
• Talk to the estate’s personal representative early. They owe duties to the estate and beneficiaries and may resolve disputes without court intervention.
• Collect independent corroborating evidence (texts, witnesses, payment records) before talking to potential defendants or other beneficiaries.
• If you believe the personal representative acted improperly, file a petition in probate court asking for an accounting and distribution instructions.
• Keep records of your communications and copies of any settlement paperwork presented for signature.
• Meet promptly with an attorney experienced in wrongful death, probate, and contract disputes to evaluate the strength of the oral agreement and the best forum for enforcement.

When to get legal help

If large sums are at stake, if the personal representative refuses to act, or if another beneficiary claims a different arrangement, consult a West Virginia attorney promptly. An attorney can help you:

• Decide whether to file in probate court or circuit court
• Prepare and present evidence to prove or disprove the oral agreement
• Seek emergency relief if funds are being dissipated

Important statutory reference: West Virginia’s wrongful death statute: W. Va. Code §55-7-6.

Disclaimer: This article provides general information about West Virginia law and does not constitute legal advice. It is not a substitute for an attorney’s advice about your specific situation. Laws change and outcomes depend on precise facts; consult a licensed West Virginia attorney to discuss your case.