CourtListener 10304622•Estate of Enderson
Texte intégral
24CA0777 Estate of Enderson 12-26-2024
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA0777
Weld County District Court No. 23PR264
Honorable Julie C. Hoskins, Judge
In the Matter of the Estate of Evelyn L. Enderson, deceased.
Keith Enderson,
Appellant,
v.
Larry Enderson and Carolyn Ragsdale,
Appellees.
ORDER AFFIRMED
Division V
Opinion by JUDGE FREYRE
Grove and Lum, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced December 26, 2024
Keith Enderson, Pro Se
No Appearance for Appellees
¶1 In this probate case, Keith Enderson, an alleged heir to the
Evelyn L. Enderson estate, appeals the district court’s order finding
that he was not a beneficiary of the estate and, therefore, lacked
standing to object to the co-personal representatives’ administration
of the Herman Enderson estate, which contained a disputed parcel
of property that passed from Evelyn’s estate. We affirm.
I. Background
¶2 Herman E. Enderson and Evelyn L. Enderson were husband
and wife. On July 10, 2000, by a warranty deed that was recorded
on July 14, 2000, Daniel K. Fix and Barbara J. Fix conveyed to
Herman1 and Evelyn the property located in Yuma County that is at
the heart of Keith’s dispute. We will refer to this land as the
Subject Property.
¶3 Herman and Evelyn owned the Subject Property in equal
shares as tenants in common.
¶4 On January 31, 2009, Evelyn died testate. Her last will and
testament, dated September 4, 1984, provided:
1 We refer to members of the Enderson family by their first name
because they share the same last name. In doing so, we mean no
disrespect.
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I devise all my residuary estate, being all
property, wherever situated, in which I may
have any interest at the time of my death not
otherwise effectively disposed of by my will or
codicil, to my husband Herman E. Enderson, if
he survives me.
If my husband does not survive me, I devise all
of my said estate and property to my children,
namely: Carolyn A. Ragsdale, Larry Enderson,
Peggy Sorenson, and Keith Enderson, in equal
shares; provided, however, that if any of them
does not survive me, the share of such
deceased child shall be distributed to his or
her living issue, by representation, and if none,
to my then living issue, by representation.
(Emphasis added.)
¶5 The will named Larry and Ragsdale as co-personal
representatives.
¶6 On February 2, 2013, Herman died testate. On February 12,
2013, Herman’s last will and testament was admitted to probate
and Larry Enderson was appointed as personal representative of
the estate.
¶7 On January 27, 2020, during the administration of Herman’s
estate, the beneficiaries engaged in a settlement conference that
resulted in a Memorandum of Understanding (MOU). While the
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MOU did not expressly address the Subject Property, it contained a
default provision (Paragraph I.o.) that states:
The remaining assets can be distributed as
agreed upon by Larry Enderson, Peggy
Sorensen, and Carolyn Ragsdale. Keith, Larry,
Peggy, and Carolyn shall all execute a release
of any and all claims, known or unknown,
direct or indirect, against the Estate and/or
against each other.
¶8 Pursuant to the MOU, Larry, Sorensen, and Ragsdale agreed
that the surface interests in the Subject Property should be
conveyed to Sorensen and Ragsdale in equal parts.
¶9 On October 16, 2023, Ragsdale and Larry, as co-personal
representatives of Evelyn’s estate, executed a co-personal
representatives’ deed that conveyed the surface interest in the
Subject Property to Sorensen, Kenneth Albert Ragsdale, and
Ragsdale. The deed was recorded on October 30, 2023.
¶ 10 Keith objected to the co-personal representatives’ deed and
claimed that the conveyance of the Subject Property contradicted
Evelyn’s last will and testament, which required the estate property
to be divided in equal shares and given to Ragsdale, Larry,
Sorensen, and Keith. He reasoned that because his parents held
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the Subject Property as tenants in common (as opposed to joint
tenancy), Evelyn’s half-portion passed to her estate when she died
and thus, to the beneficiaries of her estate (of which he was one)
rather than to Herman.
¶ 11 The district court denied Keith’s objection based on a lack of
standing. Relying on the language of Evelyn’s Last Will and
Testament, which provided that all of her assets passed to her
surviving spouse, Herman, the district court also found that Keith
had no legal grounds for objecting to the co-personal
representatives’ actions because Herman was the sole beneficiary of
Evelyn’s estate since he survived her death.
II. Standing
¶ 12 Keith contends the district court erroneously determined he
lacked standing to object to the co-representatives’ deed. Even
assuming the court erred in its standing determination, we
conclude that he is not a beneficiary of Evelyn’s estate and therefore
affirm the court’s order.
A. Standard of Review and Applicable Law
¶ 13 Standing is a threshold issue that must be satisfied to decide
the case on the merits. HealthONE v. Rodriguez, 50 P.3d 879, 892
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(Colo. 2002). Because standing is a jurisdictional matter, we review
the district court’s determination de novo. Friends of the Black
Forest Reg’l Park, Inc. v. Bd. of Cnty. Comm’rs, 80 P.3d 871, 876-77
(Colo. App. 2003).
¶ 14 In a probate proceeding, a party must be an “interested
person” to have standing to contest a will or initiate formal
proceedings. § 15-10-201(21), (27), C.R.S. 2024; see also In re
Estate of Little, 2018 COA 169, ¶ 38. An interested person
includes heirs, devisees, children, spouses,
creditors, beneficiaries, trust directors, and
any others having a property right in or claim
against a trust estate or the estate of a
decedent, ward, or protected person, which
may be affected by the proceeding. It also
includes persons having priority for an
appointment as a personal representative and
other fiduciaries representing the interested
person. The meaning as it relates to particular
persons may vary from time to time and is
determined according to the particular
purposes of, and matter involved in, any
proceeding.
§ 15-10-201(27), C.R.S. 2024.
¶ 15 Upon the death of a person, his real and personal property
devolves to the persons to whom it is devised by his last will and
testament. § 15-12-101, C.R.S. 2024. “The legal title to estate
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property vests in the heirs or devisees upon the death of the
decedent.” Pierce v. Francis, 194 P.3d 505, 510 (Colo. App. 2008).
B. Analysis
¶ 16 We begin by noting that Keith is Evelyn’s child and might be
an “interested person” under section 15-10-201(27). However, even
if we assume the court erred in its standing determination, we
discern no error in the court’s ruling because it is consistent with
the language of Evelyn’s Last Will and Testament. That document
provides that upon Evelyn’s death, all of her assets, including her
one-half interest in the Subject Property, passed to her surviving
spouse, Herman. See § 15-12-101. Moreover, under Evelyn’s will,
Keith could only become a beneficiary of her estate if Herman
predeceased her. However, because Herman survived Evelyn, Keith
never became a beneficiary of the estate and had no legal interest in
the Subject Property at the time of Evelyn’s death. Instead, at
Evelyn’s death, legal title to the Subject Property vested in Herman,
Pierce, 194 P.3d at 510, so the Subject Property became part of
Herman’s estate when he died. Thus, Larry, Sorensen, and
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Ragsdale have authority to convey the Subject Property as they see
fit under Paragraph I.o. of the MOU.
¶ 17 Accordingly, even if the court erred in finding that Keith lacked
standing, we discern no error in its order finding that no legal
grounds existed for him to object to the conveyance of the Subject
Property as part of the administration of Herman’s estate.
III. Disposition
¶ 18 The order is affirmed.
JUDGE GROVE and JUDGE LUM concur.
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