Can you enforce or dispute an oral agreement dividing wrongful death proceeds in Montana?

Short answer: Possibly — but enforcing or disputing an oral agreement about splitting wrongful-death proceeds is often complicated. Who signed the agreement, who had authority to settle the claim, what paperwork exists, and whether a court already approved a distribution all matter. In Montana, wrongful-death claims are brought by or on behalf of the decedent’s estate, and probate and settlement rules affect enforceability. This is educational information only and not legal advice.

Detailed answer — How the process generally works in Montana

1. Who controls the wrongful-death claim?

Under Montana law, a wrongful-death claim is a claim on behalf of the decedent’s estate. The personal representative (executor or administrator) appointed by the probate court typically has the legal authority and duty to pursue, settle, or release a wrongful-death claim on behalf of the estate. Beneficiaries or heirs do not individually control the claim unless the personal representative agrees.

For an overview of Montana’s wrongful-death framework, see the Montana Code Annotated wrongful-death provisions (Mont. Code Ann., wrongful-death statutes). You can search the statutes at the Montana Legislature’s code website: https://leg.mt.gov/bills/mca/.

2. Are oral agreements enforceable?

Oral agreements can be enforceable as contracts under Montana law if they meet the basic contract elements: offer, acceptance, consideration, and mutual assent. However, practical and legal hurdles often affect enforcement in the wrongful-death context:

• If the personal representative lacked authority to make the agreement, the estate may not be bound.
• If the agreement concerns distribution of estate property that is subject to probate court approval, the probate court may need to approve any settlement or distribution.
• Proving the terms and existence of an oral agreement is harder than proving a written deal. Courts weigh witness testimony, contemporaneous emails or texts, recorded conversations (subject to Montana recording laws), and other evidence.

3. Typical steps to enforce an oral agreement

1. Preserve and gather evidence: documents, emails, texts, witness names and statements, bank records showing transfers, and any drafts or notes reflecting the agreement.
2. Ask for written confirmation: send a demand letter summarizing the oral agreement and asking the other party (or the personal representative) to put it in writing and to perform (e.g., pay, sign a release, or ask the probate court to approve distribution).
3. Mediation or informal dispute resolution: courts increasingly require or encourage mediation to resolve distribution disputes, and many attorneys recommend it as a lower-cost first step.
4. File a probate petition or motion: if the estate is in probate, you can petition the probate court to enforce the agreement or to determine the proper distribution. If the probate court has authority over distribution, getting a court order confirming the agreement is often the clearest way to enforce it.
5. File a civil lawsuit: if informal steps fail and the estate/personal representative refuses to comply, you may sue for breach of contract (or specific performance) to enforce the oral agreement. This generally proceeds in civil court and requires proof by a preponderance of the evidence.
6. Seek provisional relief when appropriate: if money or assets are at risk of being dissipated, you may ask the court for temporary or emergency relief (a temporary restraining order or preliminary injunction) to preserve estate assets while the dispute is resolved.

4. Typical defenses and challenges to enforcement

• The personal representative lacked authority when the agreement was made.
• Fraud, duress, undue influence, mistake, or the decedent’s incapacity at the time of any agreement that affected distribution.
• Inadequate proof: no witnesses, contradicting testimony, or lack of corroborating contemporaneous records.
• Probate court rules or prior court-approved distributions that conflict with the oral agreement.

5. What a probate court will consider

When you bring an enforcement petition in Montana probate court, the judge will consider:

• Whether the person who made the agreement had authority to bind the estate.
• Credibility of witness testimony and the weight of contemporaneous evidence (messages, notes, bank transfers).
• Whether approving the agreement contradicts statute or prior court orders.
• Whether the agreement is fair to all interested parties and in the estate’s best interest.

6. Practical outcomes

If the court finds the oral agreement enforceable, it can enter an order enforcing the agreement, order payment, and award costs or attorney fees where permitted. If the court rejects the oral agreement, the estate’s distribution will follow Montana probate law and the personal representative’s duties, and you may have to pursue other remedies or appeals.

7. Evidence that strengthens an enforcement case

Examples of strong proof that an oral agreement existed and was intended to be binding:

• Multiple independent witnesses who heard the agreement.
• Written follow-up messages (email, text) referencing the oral agreement soon after it was made.
• Partial performance (someone already paid or transferred funds consistent with the agreement).
• A contemporaneous note or memorandum signed by the party who made the promise.
• A release or written settlement drafted but not signed — that draught shows the parties’ understanding.

Helpful hints — practical guidance for people facing these disputes

• Get legal help early. Probate and wrongful-death distribution involve procedural rules and deadlines; an attorney can explain your rights and the best forum for relief.
• Preserve everything. Save texts, emails, voicemails, bank records, and any written notes. Turn off auto-deletion of messages if you can.
• Don’t cash contested checks. If you receive a payment that you believe is contested, speak with counsel before spending or endorsing funds; returning or escrow of funds can affect equitable relief later.
• Ask the probate court for guidance. If the estate is already in probate, file a petition asking the court to interpret or enforce the agreement rather than litigating in a separate civil case.
• Consider mediation first. Courts and parties often resolve distribution disputes faster and cheaper through mediation or settlement conferences than through full trials.
• Time matters. Statutes of limitation and probate deadlines can bar some claims; ask an attorney about timing in Montana.
• Be ready to show who had authority. If someone lacked authority (for example, a person who was not the personal representative), the court may not enforce the agreement against the estate.

Where to look in Montana law

Montana’s wrongful-death and probate laws govern who may bring and settle wrongful-death claims and how estate distributions occur. You can read the Montana Code Annotated on the Montana Legislature’s website: https://leg.mt.gov/bills/mca/.

Final note and disclaimer

This article explains general principles under Montana law and describes common practical steps when parties try to enforce or dispute an oral agreement dividing wrongful-death proceeds. This information is educational only and not legal advice. For advice that applies to your precise situation, contact a licensed Montana attorney who handles probate and wrongful-death matters.