Detailed Answer — How Florida law treats oral agreements about dividing wrongful death proceeds
Under Florida law, wrongful-death claims follow rules that differ from ordinary contract disputes. The personal representative (executor) of the decedent’s estate normally brings a wrongful-death action, and any recovery is distributed to survivors under the Florida Wrongful Death Act (Chapter 768 of the Florida Statutes). The personal representative also owes fiduciary duties and must administer estate assets under Florida’s probate laws (Chapter 733). See the Wrongful Death Act: Chapter 768, Fla. Stat. and probate rules: Chapter 733, Fla. Stat.
When family members or other interested parties reach only an oral agreement about how to split wrongful-death proceeds, the enforceability and the process to challenge or enforce that agreement generally depend on three things:
- who actually controls or holds the funds (the personal representative or a defendant/insurer),
- whether the oral agreement produced a binding contract under Florida law, and
- whether a court already approved distribution or a signed release exists.
Common scenarios and the usual legal steps
1) Funds are not yet paid to anyone (settlement not finalized)
– The personal representative controls the claim and must act in the estate’s and beneficiaries’ best interests. Beneficiaries can demand an accounting from the personal representative and ask the probate court for instructions if the PR refuses to follow agreed terms or the statute. See probate duties: Chapter 733.
– If someone asserts an oral agreement to split proceeds, the disputing party can petition the probate court for a declaratory judgment or instructions about distribution. The court can approve a proposed settlement, order funds held in escrow, or resolve competing claims.
2) Funds have been paid out based on an oral agreement and a party now objects
– If a beneficiary signed a written release, that often blocks later claims, unless the release was obtained by fraud, duress, mistake, or misrepresentation. If no written release exists and people merely split funds by oral agreement, legal actions might include breach of contract (enforcing the oral agreement), unjust enrichment, or an action against the personal representative for breach of fiduciary duty if the PR distributed funds improperly.
– The claimant should preserve any evidence of the oral deal: emails, texts, witnesses, notes of conversations, or any partial performance that shows the parties intended to be bound.
3) Settlement was paid by an insurer who requires releases
– Insurers commonly demand signed releases from everyone entitled to recover. If some parties refused to sign, an insurer will usually refuse to pay or will pay into court/escrow. If the insurer paid and distributed without authority, you may have remedies against the payor or the recipient for return of funds.
Practical court remedies
- Petition the probate court for instructions or accounting (ask the court to freeze or supervise distribution).
- File a civil suit for breach of an oral agreement (contract), unjust enrichment, or conversion if funds were taken unjustly.
- Move to set aside a settlement or release on grounds of fraud, duress, or mutual mistake.
- Seek emergency relief (temporary restraining order or preliminary injunction) to preserve assets while the court decides.
Timing — statute of limitations and deadlines
Different claims use different deadlines. Wrongful-death claims themselves and probate deadlines are specific; separate contract claims (including breach of an oral contract) generally follow Florida’s statute of limitations rules. For many oral-contract claims, the limitation period is four years under the Florida statutes. See Chapter 95, Fla. Stat. (statutes of limitation). Because deadlines matter and different claims can have different periods, act promptly.
Practical evidence tip: Courts favor written proof. An oral agreement is harder to enforce than a signed, written agreement. Keep contemporaneous records and get agreements in writing whenever possible.
How a typical enforcement or dispute process plays out
- Confirm who holds the settlement money (personal representative, insurer, or another beneficiary).
- Gather and preserve evidence of the oral agreement (witness statements, messages, voicemail, notes, bank records showing distributions).
- Send a formal demand to the personal representative or other recipient, asking for an accounting or return/distribution per the oral agreement.
- If the demand fails, file a petition in probate court for instructions/accounting or a civil complaint for breach of contract/unjust enrichment.
- Ask the court for interim relief (injunction or turnover) if funds are at risk of being dissipated.
Because wrongful-death recoveries involve statutory distribution rules and fiduciary duties, courts pay special attention to whether the personal representative acted properly under Chapters 768 and 733. See Chapter 768, Fla. Stat. and Chapter 733, Fla. Stat.
Bottom line: Oral agreements about dividing wrongful-death proceeds can sometimes be enforced, but you will usually face evidentiary and practical hurdles. If a personal representative controls the funds, seek a probate court solution. If private parties handled the money already, contract, unjust-enrichment, or fiduciary-duty claims may be available. Act quickly to preserve evidence and to avoid limitation-period problems (Chapter 95, Fla. Stat.).
Disclaimer: This article explains general principles of Florida law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Consult a licensed Florida attorney to advise about the specific facts of your situation.
Helpful Hints — quick practical checklist
- Identify who legally controls the claim (personal representative or insurer).
- Get everything in writing going forward — request a written settlement or distribution agreement.
- Preserve evidence of oral agreements immediately: notes, texts, emails, witnesses.
- Request a formal accounting from the personal representative under Florida probate rules.
- If you suspect fraud or wrongful distribution, consider an immediate probate petition requesting the court freeze or supervise the funds.
- Remember time limits: act quickly to protect contract and probate rights (see Florida statutes of limitation).
- Consider mediation before suing — it often resolves family disputes faster and with less cost.
- Talk to an attorney experienced in Florida wrongful death and probate matters to evaluate remedies and timing.