Detailed Answer

Short answer: In New Hampshire, a wrongful death claim is brought and managed by the personal representative; any agreement among heirs or beneficiaries to divide proceeds can be enforced or disputed through the courts. An oral agreement can be evidence of an intent to split proceeds, but enforcing it depends on the quality of proof, whether the personal representative acted consistently with the agreement, and whether any court-approved orders or written releases exist. The personal representative controls prosecution and settlement of the wrongful death claim under New Hampshire law. See RSA 556:1 and related sections for the source of the wrongful death cause of action.

Who has the legal right to bring a wrongful death claim in New Hampshire?

Under New Hampshire law, a wrongful death action is possessed by the deceased person’s personal representative. The personal representative sues for damages on behalf of the decedent’s estate and the persons entitled to recover under the Wrongful Death Act. See RSA 556:1 for the statutory framework: RSA 556:1. For practical guidance on estate administration and probate in New Hampshire, see the New Hampshire Judicial Branch probate information: NH Judicial Branch — Probate.

How an oral agreement about dividing wrongful death proceeds arises

Parties commonly reach oral agreements when a family negotiates how to split proceeds from a pending or settled wrongful death claim. Typical actors include the personal representative, spouse, children, and other heirs. An oral agreement may say, for example, that proceeds will be split equally among children, or that a spouse receives a larger share in exchange for releasing claims against the estate.

Can an oral agreement be enforced?

Yes — but enforcement depends on evidence and context. Courts decide based on contract law principles, equitable doctrines (like estoppel), and the probate/wrongful-death statutes. Important factors include:

• Who actually had authority to bind the estate (usually the personal representative).
• Whether the oral agreement was followed by clear, demonstrable acts (partial performance) that support the agreement.
• Documentary or testimonial evidence: emails, text messages, contemporaneous notes, witnesses to the conversation, or repeated acknowledgments.
• Whether the agreement was later put in writing, incorporated into a court order, or memorialized in a settlement document.

If the parties orally agreed to a division and one party relied on that agreement to their detriment (for instance, by releasing other claims or changing position), a court may enforce the oral deal under equitable principles even if no written contract exists.

Steps to enforce an oral agreement

1. Gather evidence: collect texts, emails, voice messages, witness names and declarations, bank records showing payments, and any contemporaneous notes.
2. Ask the personal representative to put the agreement in writing and to file a joint stipulation with the court if litigation is pending. A written stipulation or settlement presented to the court is far easier to enforce.
3. If the personal representative refuses, consider filing a motion in the court handling the wrongful death case (often the Superior Court action) to enforce the settlement or to seek a ruling on distribution. If no lawsuit has been filed, a civil action for breach of the oral agreement may be filed in Superior Court.
4. If the wrongful death action was already litigated and the court approved a settlement, move to enforce that judgment or settlement in that court.
5. Consider mediation or settlement talks to avoid protracted litigation; courts often favor compromise among beneficiaries.

Steps to dispute an oral agreement

If you believe the oral agreement is invalid, coerced, or was never agreed to, you can challenge it:

• File an objection with the probate court (if distribution of estate assets is at issue) or contest the settlement in the Superior Court handling the wrongful death claim.
• Present counter-evidence: contradictory communications, evidence that the person lacked authority, proof of fraud, mistake, undue influence, or that partial performance never occurred.
• Seek temporary relief, such as a restraining order preventing the personal representative from distributing proceeds while the dispute is resolved, if immediate dissipation is a risk.
• Ask the court for a declaratory judgment (a court decision declaring rights and obligations) or for reformation/ rescission of any agreement obtained through improper means.

Practical outcomes you can expect

• If the oral agreement is well-documented through corroborating evidence, the court may enforce it or award damages for breach.
• If the personal representative breached fiduciary duty by ignoring a valid agreement, the court can order remedies against the representative, including removal or surcharge (monetary recovery) in some circumstances.
• If no enforceable agreement exists, the court will distribute proceeds according to the wrongful death statute and the estate plan or intestacy rules.

Time limits and urgency

Act quickly. Wrongful death and probate matters involve statutes of limitation and deadlines, and estate assets can be moved or spent. Even when you believe you have a valid oral agreement, delay can make evidence harder to locate and reduce the likelihood of enforcement.

Helpful Hints

• Get it in writing: Whenever possible, convert any oral agreement into a signed written settlement or release and file it with the court.
• Preserve evidence: save texts, emails, voice mails, and names of witnesses immediately.
• Talk to the personal representative: often the quickest fix is getting the representative to sign a stipulation and present it to the court.
• Use mediation: courts generally encourage settlement and mediation can resolve disputes faster and cheaper than litigation.
• Consult an attorney early: wrongful death and estate distribution rules intersect. A lawyer can explain who has authority to enter agreements and where to file enforcement or dispute motions.
• Check court records: if a settlement was negotiated during litigation, ask the court clerk whether any stipulation, order, or judgment documents the settlement.
• Consider fiduciary claims: if the personal representative misused estate assets or ignored beneficiary agreements, remedies may include surcharge or removal in probate proceedings.

Where to read the New Hampshire statute

The New Hampshire wrongful death law is laid out in RSA Chapter 556. You can read the statutory language for the cause of action and who may bring suit here: RSA 556:1 — Wrongful death. For estate and probate procedures, see the New Hampshire Judicial Branch probate information: NH Judicial Branch — Probate.

Final recommendation

If you are a beneficiary, personal representative, or claimant in New Hampshire and face an oral agreement dispute over wrongful death proceeds, collect all communications and documents now, request a written stipulation from the representative, and consult a New Hampshire attorney experienced in wrongful death and probate to evaluate enforcement options and deadlines.

Disclaimer: This article explains general legal principles under New Hampshire law and is for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect recent changes in the law. Consult a licensed New Hampshire attorney to address your specific situation.