Connecticut: Enforcing or Disputing an Oral Agreement About Dividing Wrongful Death Proceeds

Overview. When wrongful death proceeds are recovered for a person who died in Connecticut, those proceeds usually flow into the decedent’s estate (or are handled under a settlement) and must be distributed by the estate representative (executor or administrator) according to Connecticut law and any valid agreements among the parties. An oral agreement among beneficiaries or family members to divide those proceeds can sometimes be enforced — but enforcing or disputing such an agreement involves several practical and legal steps.

Who controls the money?

The estate’s personal representative (executor or administrator) has the legal duty to collect, manage, and distribute estate assets, including wrongful death recoveries, according to probate rules and any court orders. Beneficiaries or family members cannot usually bind the estate (or third-party payors) unless the representative approves the division or a court enforces the agreement.

Key legal sources in Connecticut

• Connecticut’s wrongful death statute governs the underlying right to recover. See Conn. Gen. Stat. § 52-555 and related provisions on wrongful death and survival actions. For the Connecticut General Assembly website, see: https://www.cga.ct.gov/.
• Probate court rules and Connecticut’s probate statutes control how an estate is administered and how assets are distributed. See the Connecticut General Assembly site for Title 45a (Probate) materials: https://www.cga.ct.gov/.

Typical steps to enforce or dispute an oral division agreement

1. Confirm who is the personal representative. If an executor or administrator is already appointed, that person is the legal gatekeeper for distributions. If none is appointed, a beneficiary or interested person can petition probate to appoint an administrator.
2. Gather evidence of the oral agreement. Because the agreement is oral, evidence is critical. Collect witness statements, text messages, emails, notes, voicemail transcripts, contemporaneous actions (e.g., partial payments, checks), and any conduct that shows the parties acted as if the agreement existed.
3. Communicate in writing and preserve funds. Send a written demand or confirmation to the personal representative and to other beneficiaries describing the asserted agreement and what you expect. Ask the representative to preserve disputed funds and not to distribute them until the matter is resolved. Put a hold on the estate’s account where possible.
4. Try informal resolution or mediation. Courts in Connecticut favor settlement when possible. Mediation or a structured negotiation among the personal representative and beneficiaries is often the fastest, least expensive route to enforce or defeat a claimed oral agreement.
5. If informal steps fail, seek court relief. Possible filings include:
   • A petition in probate court for an accounting and direction about distribution if the money is in the estate or handled by the executor/administrator.
   • A declaratory judgment action in Connecticut Superior Court asking the court to declare the parties’ rights under the alleged agreement.
   • An action for breach of contract (if the oral agreement is a binding contract) or, alternatively, equitable claims such as constructive trust or unjust enrichment if someone was wrongfully deprived of funds.
   • A request for preliminary relief (such as an injunction or a temporary restraining order) to prevent a distribution while the dispute is litigated.
6. Prove the agreement and its terms in court. Connecticut courts will require sufficient evidence to find that the parties reached a binding agreement and to determine its terms. Courts weigh witness testimony, documentary evidence, and conduct showing part performance. If terms are indefinite or essential terms are missing, a court may find no enforceable contract.
7. Remedies a court may order. If a court enforces the oral agreement, it may order specific performance (direct division per the agreement), award money damages for breach, impose a constructive trust over funds, or direct the personal representative to distribute funds accordingly. If a court finds no agreement, it may direct distribution under probate law and may award costs or fees in certain circumstances.

Evidence that strengthens an oral-agreement claim

• Multiple consistent witnesses who heard the agreement and can testify to the terms.
• Partial performance by one or more parties (for example, one beneficiary already received or spent money consistent with the agreement).
• Contemporaneous written notes, emails, text messages, or draft settlement memoranda that reference the oral deal.
• Bank records showing payments made in reliance on the oral agreement.

Practical considerations and risks

Enforcing an oral agreement is often harder and costlier than enforcing a written agreement. The estate’s personal representative may be reluctant to distribute funds on the basis of an oral deal because the representative could face personal liability if a distribution is later determined improper. If the other side denies the agreement, litigation expenses and testimony battles are common.

Where cases are decided

Disputes about administration and distribution of estate assets typically start in Connecticut Probate Court when they involve administration questions, but you may need to proceed to Connecticut Superior Court for declaratory judgment, contract claims, or injunctive relief. An experienced attorney can advise which forum is appropriate given the facts.

Bottom line: An oral agreement to divide wrongful death proceeds can sometimes be enforced in Connecticut, but you must gather evidence quickly, involve the estate’s representative, try to preserve funds, and be prepared to ask a court to declare or enforce the agreement if informal resolution fails.

Connecticut resources: For the wrongful death statute and probate law, see the Connecticut General Assembly website: https://www.cga.ct.gov/. For practical probate procedures and forms, the Connecticut Probate Court website and local probate court clerks can help explain filing steps.

Disclaimer: This article explains general legal principles and practical steps under Connecticut law. It does not provide legal advice for your specific situation. For tailored guidance, consult a licensed Connecticut attorney.