Detailed Answer
Short answer: You can try to enforce an oral agreement about dividing wrongful death proceeds, but doing so is often more complicated than enforcing a written settlement. In Maine, the route you take depends on who made the agreement (the estate’s personal representative vs. the beneficiaries), whether a wrongful death claim already settled, and the evidence that the agreement existed and was performed. Start by preserving any proof, try to resolve the dispute by negotiation or mediation, and if that fails you can ask a court—either the Probate Court (for estate-administration issues) or a civil court (for contract disputes or to enforce a settlement)—to enforce the agreement or to resolve competing claims.
How Maine law treats oral agreements about wrongful death proceeds
Maine law recognizes oral contracts in many situations, but oral agreements are harder to prove than written ones. Where a personal representative of an estate has authority to settle a wrongful death claim, a properly authorized settlement (even if negotiated orally and followed by payment) can be binding. If the oral agreement was between beneficiaries about how to split proceeds after the estate received money, courts will treat that like any other oral contract and look for evidence that the parties agreed on essential terms and that there was consideration or partial performance.
Key factors courts will consider
- Who made the agreement? A promise from the estate’s personal representative usually has different legal effect than promises among heirs or beneficiaries.
- Were essential terms clear? Courts look for an agreement on who gets what share.
- Was there performance or reliance? Partial payment, transfers, or actions taken based on the agreement strengthen enforcement claims.
- Was the agreement intended to settle a wrongful death claim or merely an internal allocation after recovery? Settlement agreements that resolve a wrongful death claim can be enforced as settlements; internal allocations among heirs may be treated as private contracts.
- Is the agreement barred by statute or by the estate administration process? For example, distribution must ultimately conform to probate requirements and any court-approved settlement or court orders.
Practical enforcement and dispute process — step by step
- Preserve evidence immediately. Collect any emails, texts, voicemail, contemporaneous notes, witness names, bank records showing transfers, or recordings that show the agreement or partial performance.
- Determine the nature of the agreement. Was it a settlement of a wrongful death claim with an insurer or defendant, or an agreement among beneficiaries about how to split money already paid to the estate?
- Check who has authority. If a personal representative (executor) entered the agreement, determine whether they had court approval or authority under Maine probate rules to bind the estate.
- Try informal resolution or mediation. Many disputes resolve at this stage. Mediation is faster and less expensive than litigation and is often persuasive to a probate or civil judge later.
- Send a demand letter. Have an attorney send a written demand describing the agreed terms and requesting compliance or an accounting. This often triggers settlement conversations.
- File the right petition or lawsuit:
- If the dispute concerns estate administration, accounting, or a personal representative’s failure to distribute, file a petition in Maine Probate Court asking the court to order an accounting, compel distribution, or remove/limit the representative’s authority.
- If the dispute is a breach of an oral settlement or contract (for example, one beneficiary refuses to pay an agreed share), bring a civil action for breach of contract, unjust enrichment, or specific performance in Maine Superior Court or the appropriate civil court.
- If the dispute involves enforcement of a settlement of a wrongful death claim, you may ask the court to enter a consent judgment or to enforce the settlement terms.
- Seek temporary relief if money is at risk. Ask the court for preliminary injunctive relief or garnishment if a party is about to dissipate funds. Maine courts can provide emergency remedies in appropriate circumstances.
- Be prepared for proof at trial. For an oral agreement you will need witnesses, documentation of any partial performance, emails or contemporaneous notes, or other circumstantial evidence to prove terms and intent.
Which court should you use in Maine?
Use Probate Court for matters tied directly to estate administration (accountings, fiduciary duties of the personal representative, petitions to compel distribution). Use civil court (Maine Superior Court or District Court, depending on the amount and relief requested) for breach-of-contract claims or to enforce settlement agreements. If you are unsure which court is appropriate, consult an attorney or contact the Maine Judicial Branch for guidance: https://www.courts.maine.gov/.
Time limits and practical deadlines
Statute of limitations and probate deadlines can prevent a claim if you wait too long. Act promptly to preserve evidence and to file any required petitions. For specific statutory deadlines and limitations, review the Maine Revised Statutes at the Maine Legislature website: https://legislature.maine.gov/statutes/.
When an oral agreement is most likely enforceable
- When there is clear, convincing evidence of the agreed terms and the parties’ intent.
- When one party has partially performed in reliance on the agreement (for example, transferred property or received and distributed part of the proceeds).
- When a personal representative had authority to settle and the estate or the court later ratifies or recognizes the settlement.
When an oral agreement is least likely enforceable
- If terms are vague or disputed and no corroborating evidence exists.
- If the agreement conflicts with probate rules or a court-approved distribution plan.
- If the party who allegedly made the promise lacked authority (e.g., an heir promised funds that the executor controls without executor participation).
Bottom line: Enforcing or disputing an oral agreement over wrongful death proceeds in Maine is possible but fact-intensive. Gather proof, try settlement or mediation, and if necessary use probate petitions or civil litigation to enforce rights. Quick action and documentation improve your chances of success.
Helpful Hints
- Get everything in writing. After any oral discussion, send a confirming email or text summarizing the agreement and ask all parties to confirm in writing.
- Preserve evidence now: save messages, record names of witnesses, and keep bank records.
- Ask the personal representative for an accounting if you suspect misallocation.
- Use mediation before filing suit—judges favor parties who tried to resolve disputes first.
- Consult a Maine attorney quickly. Probate and civil rules, plus time limits, can be strict.
- Check the Maine Judicial Branch for probate forms and information: https://www.courts.maine.gov/.
- Look up relevant statutes and deadlines at the Maine Legislature site: https://legislature.maine.gov/statutes/.
Disclaimer: I am not a lawyer. This article provides general information about Maine law and the enforcement or dispute process for oral agreements about wrongful death proceeds. It is not legal advice. For advice about your specific situation, consult a licensed Maine attorney.