Detailed Answer
Short summary: In Missouri, wrongful death recovery is obtained under the wrongful death statute, but an oral agreement among heirs or beneficiaries about how to divide those proceeds is a private contract. To enforce or dispute such an oral agreement you must show it was a valid contract (offer, acceptance, consideration), produce admissible evidence of the agreement, and pursue the claim either in probate court (if proceeds are in probate or controlled by the personal representative) or in civil court for breach of contract. Missouri law that commonly applies includes the wrongful death statute (Mo. Rev. Stat. §537.080) and the state statute of frauds (Mo. Rev. Stat. §432.010), which can limit enforceability in some situations.
Who controls the wrongful death claim and recovery?
Under Missouri law, a wrongful death action is prosecuted under the wrongful death statute (Mo. Rev. Stat. §537.080). The action is typically brought by the personal representative or executor for the benefit of the people entitled to recover under that statute. See Mo. Rev. Stat. §537.080: https://revisor.mo.gov/main/OneSection.aspx?section=537.080. That means the person who actually brings and settles the claim usually has duties to the estate and to distribute recovery according to law or court-approved agreements.
Are oral agreements enforceable?
Oral agreements can be enforceable in Missouri if they satisfy basic contract requirements: mutual assent (offer and acceptance), consideration, capacity, and no applicable legal bar (fraud, duress, undue influence). However, certain agreements may fall within the statute of frauds, which requires some contracts to be in writing. Missouri’s statute of frauds is codified at Mo. Rev. Stat. §432.010: https://revisor.mo.gov/main/OneSection.aspx?section=432.010. If an oral agreement concerns something the statute of frauds covers, a court may refuse to enforce it unless an exception applies or there is clear evidence amounting to part performance or promissory estoppel.
Common legal theories to enforce or challenge an oral division agreement
- Breach of contract — suing the party that failed to honor the oral agreement.
- Contract enforcement in probate — asking the probate court to recognize and enforce the agreement when proceeds are in probate or under the personal representative’s control.
- Claims of undue influence, incapacity, fraud, or mistake — used to challenge the validity of the oral agreement.
- Restitution or unjust enrichment — alternative theory if strict contract enforcement is problematic.
Typical proof and evidence
Because oral agreements lack a written contract, the court will rely on other evidence. Useful evidence includes:
- Witness testimony from people who heard the agreement or observed related conduct.
- Contemporaneous written notes, emails, text messages, or voicemail describing the agreement.
- Conduct consistent with the agreement (payments made, actions taken in reliance, or part performance).
- Admissions by a party, such as recorded statements.
Practical process to enforce an oral agreement in Missouri
- Gather evidence. Collect all communications, witness names, bank records, and anything that shows the parties agreed or relied on the agreement.
- Demand and negotiation. Send a written demand to the person controlling the proceeds (often the personal representative) describing the agreement and asking for performance or a meeting to resolve the dispute.
- Attempt alternative dispute resolution. Mediation or settlement negotiation often resolves these disputes faster and cheaper than litigation.
- File a petition in probate court if the proceeds are part of the estate or the personal representative refuses to distribute according to the agreement. Probate courts supervise estate administration and can resolve distribution disputes and approve settlements.
- File a civil lawsuit for breach of contract or unjust enrichment where appropriate. Ask the court for damages or specific performance (an order enforcing the agreement) if that remedy is available and appropriate.
- Prepare for defenses. Expect defenses such as the statute of frauds, lack of clear agreement, lack of consideration, or claims that the agreement was induced by undue influence or fraud.
- Obtain court orders if necessary. Courts can enter judgment, order distributions, or award fees and costs depending on the facts and results.
Timing and urgency
Act promptly. Evidence for oral agreements grows weaker with time as memories fade and witnesses become unavailable. Also, if the wrongful death claim is still pending, settlement by one person without the involvement of all entitled parties can create additional disputes. While I cannot provide specific statute-of-limitations advice here, you should consult an attorney promptly to protect rights and meet any filing deadlines.
When probate court vs. civil court?
Use probate court when the proceeds are part of an estate under administration or when the personal representative needs court guidance about distribution. Use civil court for straightforward breach-of-contract claims against an individual who promised to divide proceeds but failed to do so, especially if the funds are no longer in the estate or are withheld by a particular party.
Helpful Hints
- Document everything immediately: dates, who said what, where, and who else was present.
- Preserve electronic records: texts, emails, social media messages, and call logs can be crucial evidence.
- Ask the personal representative for a written accounting of the wrongful death recovery and proposed distribution.
- Do not sign away rights without legal advice. If asked to sign a release or distribution agreement, have an attorney review it first.
- Consider mediation before filing a lawsuit; it often resolves family disputes more quickly and preserves relationships.
- If you suspect undue influence, incapacity, or fraud, gather independent witnesses and contemporaneous documentation to support your claim.
- Talk to a Missouri attorney experienced in probate or wrongful death matters early. Time limits and procedural rules can be strict.
Disclaimer: This is general information about Missouri law and is not legal advice. It does not create an attorney-client relationship. For advice about your situation, consult a licensed Missouri attorney who can review the facts and applicable laws.