Supreme Court sides with Walker; notes Slayer Rule

CHEYENNE — In a probate case that led to a change in Wyoming statute, a Worland man got a small win from the Wyoming Supreme Court in a ruling issued Aug. 2.

In February 2020, Deidra Walker Rowe, 33, was shot and killed by her husband Darren Rowe, 35, at their home in Casper. Several hours later he shot and killed himself.

The state law at the time of deaths of the Rowes, stated that “no person who feloniously takes or causes or procures another to take the life of another shall inherit from or take by devise or legacy from the deceased person any portion of his estate.”

It did not address joint tenancy or right of survivorship. The Wyoming State Legislature earlier this year amended the state statute to include right of survivorship and joint tenancy.

The change in statute was brought to the Legislature through Sen. Ed Cooper after hearing about Deidra’s story through Mel Walker of Worland.

During testimony earlier this spring Walker told the State Senate Judiciary Committee that early on he hired an attorney for his daughter’s probate and that is where the problems started.

“We were advised by several attorneys and law enforcement officials that it was going to take a while a year or so. The roadblocks we have ran up against has been unbelievable. We have done everything we know what to do by the book, by the law.” He said the roadblocks have been put up by Darren Rowe’s estate attorney and Rowe’s father.

Walker said, “Since my daughter died first, everything goes to her husband’s estate, because of this law that doesn’t do us much good.”

One of the things Walker was able to do was to have a probate court judge rule that Walker could sale Deidra’s Subaru and a side-by-side. The money from the sales have been placed in an account.

While Darren Rowe’s family and estate attorneys had been notified of the probate filing. Tony Rowe, person representative of the Estate of Darren Rowe filed an appeal to the Wyoming Supreme Court.

In its ruling, the Supreme Court wrote, “They owned two vehicles as joint tenants with right of survivorship, which, absent exceptional circumstances, would have gone to Darren upon the death of Deidra. Believing that exceptional circumstances existed, Deidra’s administrator petitioned the probate court for authority to sell the two vehicles. Darren’s estate intervened and objected. The probate court determined Deidra and Darren became tenants in common under the circumstances of her death and authorized the sale. Darren’s estate appeals, and we dismiss the appeal because there is no appealable order.

“We dismiss this matter because there is no appealable order. The probate court has coextensive jurisdiction with the district court, but the parties must comply with the procedural framework for bringing and resolving an action when they seek to settle property disputes.”

Walker’s attorney Robert Hand Jr. of Casper said, “It’s sort of a win, but not. They dismissed the appeal, but in so far as the decision it requires that we will have to initiate a declaratory judgement action or defend one if [Rowe’s estate] files one first.”

He said he had argued using case law that the Supreme Court could have made decisions on the probate.

“We hoped we would have gotten guidance but the court is not in the business of providing advisory opinions and that was clear here,” Hand said.

Walker said, “I’m glad they ruled the way they did. We sold two cars and sold them at appraised value. The money is in an estate account. The money is still there. I don’t see that the issue is.”

He said the ruling, while minor in the overall fight for Deidra’s estate, “it is a major thing to get their approval.”

Hand added the Rowe estate was given ample notification.

Walker said Rowe and the Rowe estate did allow him access into the Casper home to get some of Deidra’s personal belongings. Something that he should have been allowed to do back in February 2020, took more than a year to accomplish, he noted.

SLAYER RULE

As for the new version of the Slayer Rule, Hand said, “I don’t feel they took it into consideration except noting it in the footnote.” He added that in reality the change in the law “came after this horrible tragedy.”

The Supreme Court wrote, “The probate court determined that ‘based on the principles of equity and the intent of the slayer statute,’ Darren’s intentional, felonious killing of Deidra ‘severed the joint tenancy by right of survivorship . . . thereby creating a tenancy in common which is subject to the jurisdiction of the probate court.’ The court authorized the sales, but required Deidra’s estate to hold one-half of the proceeds for the benefit of Darren’s estate, to be distributed at a later date. Mr. Rowe appealed. The vehicles were sold.”

The Supreme Court, in a footnote in the ruling, did mention the change in the state statute in 2021.

Walker said, “It was very satisfying to read that comment in the ruling. To know that something has been done out of this to help future victims down the road. It’s just a good thing no matter how you look at.”

He added that the Supreme Court ruling and the change in statute helps bring the Slayer law to everyone’s attention. “It was a forgotten law before that and it’s a lot stronger now.”

Cooper said it was a “humbling experience” to “think that we made a difference.”

NEXT STEP

The next step, Hand said, is to try and work with the Rowe estate to get the contents of the house sold.

“They appear to show some willingness to work with us,” he said.

Walker has also filed a wrongful death suit in district court in Casper. A trial date is set for September 2022.

“Win, lose or draw, it’s the principle of the thing I’m running on. I owe that to my daughter to do whatever I have to do.”

“I just don’t know what to think,” Walker said, noting he still feels they are too far from the end of the probate battle.

“I need to get some closure with everything. I need to grieve for my daughter,” he said.