When Pat Bowlen passed away in June of 2019, the Denver Broncos football franchise was owned by The Pat Bowlen Trust.  So if Mr. Bowlen conveyed ownership shares in the team to his Trust (which avoids probate) for the benefit of his children, why has Broncos team ownership been in limbo since Bowlen’s death in 2019?

Because, although the Trust gave beneficial interest in Trust assets (including the team) to Mr. Bowlen’s seven (7) children, the Trust also gave interim authority to manage the team to a non-family member trustee, i.e. collectively, the team’s CEO, Vice President and General Counsel and attorney.  Although the Trust gave the trustee authority to lead the team in the short-term and select one of Mr. Bowlen’s children as lead owner and new family face of the franchise in the long-term, Mr. Bowlen’s children could not unanimously agree on any one sibling to be the new family face of the franchise.

After Bowlen stepped down in 2014 due to his battle with Alzheimer’s, the trustees stepped in to run the team. At that time, with Bowlen’s youngest daughter was being groomed to be the new family lead owner and Bowlen’s eldest daughter was rejected from consideration due for the same position due to her lack of qualification and experience. This triggered Mr. Bowlen’s two eldest daughter’s (from his first marriage) to sue to remove the trustees and challenge their authority under the Trust.  Their trust litigation argument was based on the grounds that their father lacked mental capacity and was under undue influence when he amended the Trust to approve the authority of the non-family trustees to act some 10 years earlier.

Once the NFL knew there was bad blood between the two children from the 1st marriage and five children from the 2nd marriage, they knew they would have to get involved to help bring about some resolution and keep the internal workings of the ownership out of public scrutiny.  With the Judge’s recent signing of a joint motion to stay proceedings and vacate trial set to start in a couple weeks, this is a clear indication that the Bowlen children and the trustees of The Pat Bowlen Trust are approaching a likely settlement and likely sale of the Trust’s interest in the Denver Broncos to new ownership.

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