Garcia Estate v. Bialozor: Failure to Respond Forfeits Standing Claim

Deborah Gene Garcia passed away at age thirty-four. Her husband, Julius Garcia, reported finding her unresponsive following consensual activity during which her hands had been tied. An autopsy performed shortly afterward suggested cardiac arrhythmia due to an existing heart condition. Deborah had no will. Julius Garcia was the sole heir, and their children, Krysta Bialozor and A.G., lived with him after her death.

Twelve years later, Diana Strong, Deborah's sister, obtained a new medical opinion. A pathologist reviewed tissue samples and determined the cause of death was likely pulmonary edema. The report listed possible causes including intoxication, mechanical asphyxiation, and neck compression. Based on this information, Deborah's father, Pete DeHerrera, filed a petition under Colorado's slayer statute.

Slayer Statute Claims and Objections

DeHerrera's petition sought a judicial finding that Julius Garcia had feloniously caused Deborah's death, a declaration that the children were her rightful heirs, and an order for Julius to forfeit all assets received from her estate. At the time, the children were not parties to the case. Bialozor, then an adult, formally objected to the petition and requested that all claims made on her behalf be dismissed. A guardian ad litem was appointed for A.G., who was a minor, and recommended that the court dismiss the case.

Strong joined the litigation as a co-petitioner and remained after DeHerrera was dismissed. Julius Garcia filed motions asserting lack of standing and a statute of limitations defense. The court denied those motions.

Settlement Offers and Final Judgment

Years into the proceedings, Julius Garcia made a $500,000 settlement offer to the children and Strong. The children accepted the offer. Strong accepted it only as satisfaction of the monetary relief sought on the children's behalf and stated that her individual claim for a judicial determination remained unresolved.

Julius requested final judgment under C.R.C.P. 54(b), but the court declined, citing that Strong's individual claim remained. Julius then submitted a contingent admission of liability under section 15-11-803(7)(b) of Colorado's slayer statute, expressing intent to preserve resources for an appeal. He clarified that the admission applied only to the children's claim.

The court entered a judgment with two parts: one in favor of Strong reflecting the admission, and another awarding $500,000 to the children. It also awarded costs to Strong as the prevailing party.

Appeal and Court of Appeals Review

Julius appealed the trial court's decisions regarding standing, timeliness, and cost award. The Colorado Court of Appeals reviewed whether DeHerrera and Strong had standing to assert slayer statute claims either on behalf of the children or in their own names.

The court found that DeHerrera and Strong lacked standing to represent Bialozor because she was an adult with capacity to manage her own legal affairs. The court also concluded they lacked standing to represent A.G. once a guardian ad litem had been appointed. Neither DeHerrera nor Strong had a legal relationship or court authorization to act on the children’s behalf.

Strong and DeHerrera also lacked standing to assert slayer statute claims in their own names. Both had admitted in filings that they were not heirs to the estate. Strong’s counsel acknowledged that she had no financial interest in the estate. The slayer statute permits only "interested persons" to file such claims, a term defined to include parties with a property interest or financial claim in the estate.

The appellate court held that seeking a determination of wrongdoing alone, without a financial interest, was not sufficient to meet the standing requirement under Colorado law. It concluded that Strong and DeHerrera were not authorized to pursue a slayer statute claim solely to obtain a judgment that Julius Garcia had feloniously caused Deborah's death.

Court's Conclusion and Relief Granted

The court reversed the trial court's judgment that had acknowledged Julius Garcia’s conditional admission of liability and awarded costs to Strong. The court left undisturbed the $500,000 settlement accepted by the children.

Support for Estate Planning and Related Matters

If you are reviewing a decedent's estate, determining heirs, or navigating intestate succession in Colorado, the attorneys at Whitcomb, Selinsky, PC can assist with estate planning, will creation, intestate succession, and trust formation based on Colorado probate law.