In re Estate of Frank

Decision Date11 January 2019
Docket NumberS-18-0150
Citation432 P.3d 885
Parties In the MATTER OF the ESTATE OF Chris Robert FRANK, deceased. Sharon Ross, Appellant (Petitioner).
CourtWyoming Supreme Court

Representing Appellant: Jason David Wasserburger, Throne Law Office, P.C., Cheyenne, Wyoming.

Representing Appellee: No appearance.

Before DAVIS, C.J., and BURKE* , FOX, KAUTZ, and BOOMGAARDEN, JJ.

BOOMGAARDEN, Justice.

[¶1] Appellant, Sharon Ross, applied for a decree of summary distribution of real property of the estate of her grandfather, Chris Robert Frank (Decedent). The district court denied the application, ruling Appellant lacked standing to file it. We affirm.

ISSUE

Did the district court err in its analysis of W.S. § 2-1-205 regarding who can file as a distributee and from whom a distributee may claim?

FACTS

[¶2] Decedent, Chris Robert Frank, died testate on August 28, 1990, in Laramie County, Wyoming, where he owned property interests. Several family members survived Decedent, including his spouse, Emily Frank; four sons, Marvin Frank, Kenneth Frank, Darrell Frank, and Richard Frank; and a daughter, Ardith Ross. Decedent’s estate was never formally administered. Through his will, Decedent bequeathed the rest, residue, and remainder of his estate to his spouse, Emily.

[¶3] Emily Frank died on September 17, 1991. Emily died testate and her estate also was never formally administered. She bequeathed the rest, residue, and remainder of her estate in equal shares to her five surviving children.

[¶4] Decedent’s and Emily’s daughter, Ardith Ross, died intestate on December 18, 1994. Ardith died without a will and her estate was never probated. She was survived by her spouse, Henry Ross, and her daughter, Appellant. Under Wyo. Stat. Ann. § 2-4-101(a)(i) (LexisNexis 2017), Henry and Appellant each received one half of Ardith Ross’s estate. Under the same statute, Henry’s estate descended to his sole heir, Appellant, when he died intestate on July 28, 2001.

[¶5] Sixteen years later, on April 5, 2018, Appellant applied for a decree of summary distribution of the real property of Decedent’s estate under Wyo. Stat. Ann. § 2-1-205 (LexisNexis 2017). Appellant identified herself and the four surviving children of Decedent and Emily as the estate’s distributees and asked the court to distribute Decedent’s real property interests in equal shares to the distributees. The district court denied Appellant’s application because Appellant did not fit the definition of "distributee" under Wyo. Stat. Ann. § 2-1-301(a)(xiii) (LexisNexis 2017) and, thus, lacked standing under Wyo. Stat. Ann. § 2-1-205(a) to file the application. The court stated in support of its decision that Decedent’s spouse, Emily Frank, was the "distributee" under Decedent’s will, not Appellant. The court also opined that, if Decedent’s estate was subject to intestate succession under Wyo. Stat. Ann. § 2-4-101, Decedent’s wife and five children would be the only "distributees" because each of them survived Decedent. Finally, the district court remarked that the definition of "distributee" showed the purpose of Wyo. Stat. Ann. § 2-1-205 was to provide summary distribution of the property of only one decedent, while Appellant’s application improperly sought to distribute property of multiple estates. The court described the affected estates as follows:

a. As it concerns the Decedent’s four (4) surviving sons, through the estates of both the Decedent and Emily C. Frank, the Decedent’s surviving spouse; and
b. As it concerns [Appellant], through the estates of four (4) separate decedents — (1) the Decedent, (2) Emily C. Frank, the Decedent’s surviving spouse, (3) Ardith L. Ross, the Decedent’s surviving daughter, and (4) Henry C. Ross, the now-deceased spouse of Ardith L. Ross.

This appeal followed.

STANDARD OF REVIEW

[¶6] "The existence of standing is strictly a legal issue and our review is de novo." Essex Holding, LLC v. Basic Properties, Inc. , 2018 WY 111, ¶ 42, 427 P.3d 708, 721 (Wyo. 2018) (citing Halliburton Energy Servs., Inc. v. Gunter , 2007 WY 151, ¶ 10, 167 P.3d 645, 649 (Wyo. 2007) ). Statutory interpretation is also a question of law we review de novo. In re Estate of Meyer , 2016 WY 6, ¶ 17, 367 P.3d 629, 634 (Wyo. 2016) (citing Powder River Basin Res. Council v. Wyo. Oil & Gas Conservation Comm’n , 2014 WY 37, ¶ 19, 320 P.3d 222, 228 (Wyo. 2014) ).

[¶7] When interpreting statutes, we first look to the statute’s plain language to determine the legislature’s intent and we examine the plain and ordinary meaning of the words to determine whether the statute is ambiguous. Id. (citations omitted). "We construe the statute as a whole, giving effect to every word, clause, and sentence, and we construe all parts of the statute in pari materia ." In re Estate of Johnson , 2010 WY 63, ¶ 8, 231 P.3d 873, 877 (Wyo. 2010) (quoting BP Am. Prod. Co. v. Dep’t of Revenue , 2005 WY 60, ¶ 15, 112 P.3d 596, 604 (Wyo. 2005) ). "[W]e will not enlarge, stretch, expand, or extend a statute to matters that do not fall within its express provisions." Id. ¶ 8, 231 P.3d at 878 (quoting BP Am. Prod. Co. , ¶ 15, 112 P.3d at 604 ).

[¶8] A statute is clear and unambiguous if reasonable persons can agree on its meaning with consistency and predictability. Estate of Meyer , ¶ 17, 367 P.3d at 634 (quoting Wyo. Cmty. Coll. Comm’n v. Casper Cmty. Coll. Dist. , 2001 WY 86, ¶ 17, 31 P.3d 1242, 1249 (Wyo. 2001) ). "Conversely, a statute is ambiguous if it is found to be vague or uncertain and subject to varying interpretations." Id. (quoting Wyo. Cmty. Coll. Comm’n , ¶ 17, 31 P.3d at 1249 ). If we determine the language of a statute is ambiguous, we apply general principles of statutory construction "to construe any ambiguous language to accurately reflect the intent of the legislature." Id. ¶ 21, 367 P.3d at 636 (quoting Powder River Basin Res. Council , ¶ 19, 320 P.3d at 229 ). We "read the statutes together, and construe statutes relating to the same subject in harmony." Id. (citing Wyo. Cmty. Coll. Comm’n , ¶¶ 16–17, 31 P.3d at 1249 ). To determine the legislature’s intent in enacting a statute, we "must look to the mischief the act was intended to cure, the historical setting surrounding its enactment, the public policy of the state, the conditions of the law and all other prior and contemporaneous facts and circumstances that would enable [us] intelligently to determine the intention of the lawmaking body." Id. (quoting Wyo. Cmty. Coll. Comm’n , ¶ 18, 31 P.3d at 1249 ).

DISCUSSION

[¶9] Appellant argues she is a "distributee" of Decedent’s estate and, therefore, had standing to apply for summary distribution of Decedent’s real property under Wyo. Stat. Ann. § 2-1-205(a). That statute provides:

If any person dies who is the owner of personal or real property, including mineral interests, but whose entire estate including personal property does not exceed two hundred thousand dollars ($200,000.00), less liens and encumbrances, the person or persons claiming to be the distributee or distributees of the decedent may file , not earlier than thirty (30) days after the decedent’s death, an application for a decree of summary distribution of property.

Wyo. Stat. Ann. § 2-1-205(a) (emphasis added). The statutes define "distributee" as "a person entitled to any property of the decedent under his will or under the statutes of intestate succession[.]" Wyo. Stat. Ann. § 2-1-301(a)(xiii). Appellant claims she is entitled to an interest in Decedent’s real property through the following line of inheritance:

• From Decedent by will to his wife, Emily Frank.
• From Emily Frank by will to her five children, including Ardith Ross.
• From Ardith Ross by intestate succession to her husband, Henry Ross, and her daughter, Appellant.
• From Henry Ross by intestate succession to his daughter, Appellant.

Appellant argues this connection qualifies her to be a distributee with standing to file her application, and she alleges the district court’s contrary interpretation of the statutes was too narrow. In its order denying Appellant’s application, the district court stated the definition of distributee contemplates a "snapshot" at the time a decedent dies and it identifies those individuals at the time who are entitled to the decedent’s property under his will or under the statutes of intestate succession. The district court determined that, at the time of Decedent’s death, his surviving spouse, Emily Frank, was the only distributee because Decedent had a will and Emily was the only person entitled to Decedent’s assets under the will.

[¶10] Appellant argues the statutory language does not expressly include the "snapshot" concept noted by the district court, and we agree. Wyo. Stat. Ann. § 2-1-301(a)(xiii) does not explicitly limit how, or to what extent, a distributee must be "entitled" to a decedent’s property "under the statutes of intestate succession." A broad reading of the statute would allow a person to be a distributee if she has an interest in the property by intestate succession through the decedent’s or others’ estates. A narrower interpretation, such as the one the district court applied, would emphasize that a person must be "entitled to any property of the decedent under his will" and conclude the statute focuses solely on the immediate decedent’s estate so that if the decedent died intestate the distributee must demonstrate she is entitled to property through the statutes of intestate succession applied only to that decedent’s estate .1 See Wyo. Stat. Ann. § 2-1-301(a)(xiii) (emphasis added). Either interpretation is possible, thus rendering Wyo. Stat. Ann. § 2-1-301(a)(xiii) ambiguous.

[¶11] This ambiguity is perpetuated by the statutory provisions that set forth the content requirements for an application for summary distribution. Wyo. Stat. Ann. § 2-1-205(b) provides that a summary distribution application shall state the facts required by Wyo. Stat. Ann. § 2-1-201(a)(i) through (v) (LexisNexis 2017). Among the requirements of Wyo. Stat. Ann. §...

To continue reading

Request your trial
10 cases
  • In re Atws
    • United States
    • United States State Supreme Court of Wyoming
    • 5 Mayo 2021
    ...and ordinary meaning of the words to determine whether the statute is ambiguous." Matter of Estate of Frank , 2019 WY 4, ¶ 7, 432 P.3d 885, 887 (Wyo. 2019) (citing In re Estate of Meyer , 2016 WY 6, ¶ 17, 367 P.3d 629, 634 (Wyo. 2016) ); see also Interest of: AA , 2021 WY 18, ¶ 17, 479 P.3d......
  • Black Diamond Energy of Del., Inc. v. Wyo. Oil & Gas Conservation Comm'n
    • United States
    • United States State Supreme Court of Wyoming
    • 2 Abril 2020
    ...if it is found to be vague or uncertain and subject to varying interpretations.") (quoting In re Frank , 2019 WY 4, ¶ 8, 432 P.3d 885, 887 (Wyo. 2019) ). See also Life Techs. Corp. v. Promega Corp. ––– U.S. ––––, 137 S.Ct. 734, 739-40, 197 L.Ed.2d 33 (2017) (concluding the term "substantial......
  • Monaghan Farms, Inc. v. The Bd. of Cnty. Comm'rs of Albany Cnty., Wyo.
    • United States
    • United States State Supreme Court of Wyoming
    • 17 Abril 2023
    ...and sentence, and we construe all parts of the statute in pari materia." (quoting Matter of Est. of Frank, 2019 WY 4, ¶ 7, 432 P.3d 885, 887 (Wyo. 2019))). The ACZR does not an applicant to obtain a conditional use permit in addition to the WECS special use permit. II. Was the Board's appro......
  • Monaghan Farms, Inc. v. The Bd. of Cnty. Comm'rs of Albany Cnty.
    • United States
    • United States State Supreme Court of Wyoming
    • 17 Abril 2023
    ...word, clause, and sentence, and we construe all parts of the statute in pari materia." (quoting Matter of Est. of Frank, 2019 WY 4, ¶ 7, 432 P.3d 885, 887 (Wyo. 2019))). The ACZR does not require an applicant to obtain a conditional use permit in addition to the WECS special use permit. II.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT