Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #12

[momsof3]

The IN attorney must know that jurisdiction is in that state or they would not have initiated it there - they would have referred him to CO to do the guardianship / weird because we just had a situation where a minor inherited FL property but they are in NY - guardianship has to be in NY because that’s where the minor resides - this will be interesting and btw an interested party can appear and object to this whole guardianship court action
IMO

Um, is that really what it means (declared dead)?

I think there are two issues here - why did BM file for guardianship and why IN v. CO?

My guess is that getting someone legally declared dead requires a certain amount of time and that time has not passed so that is not an option. But BM wants/needs to sell this property. Both owners would be required for a sale. So BM has to some how get Suzanne’s “consent.” And IN law allows a guardian to sign on behalf of the other owner.

As for why IN I am going to guess the law is more favorable than CO. People very often “forum shop.” Chose the best place to file. Maybe he could argue, if IN has better law for guardianship (or CO doesn’t allow it in this circumstance) that he is filing there because that is where the power of attorney was filed. People make all sorts of arguments as to why a state has jurisdiction to hear a matter - not that courts always agree. But unless the Motion to Sell Real Estate is contested, the court may not scrutinize the reason too much. Who would even be able to contest it here?

ETA - @al66pine we must have posted at the same time. I agree! you would have jurisdiction in IN court to petition to sell an IN property.

1. ^ Does not strike me as being unusual in and of itself. IIRC public county records show that SM & BM own Indiana R/E --- likely as joint tenants w rights of survivorship or tenants by the entiriety, and have had (in the past, maybe currently) it listed for sale thru MLS. If the property/ies titled this way is/are the property/ies BM is petitioning to sell, then likely imo that an IN court guardianship must be established and an order issued to allow BM to sign deed and related instruments/documents on behalf. ^

No matter what it is very “clever” - an end run around either waiting for resolution regarding Suzanne’s disappearance or the statutory waiting period for declaring someone dead. I’ve not seen someone use guardianship like this. Interested to read everyone else’s thoughts.

 

[*Verdigris]

...anybody else kinda starting to get flashbacks
of the Michael Chambers case?

So very sad.

imo

 

[oviedo]

I was under the impression that an awful lot of people need to be notified if someone was going for a guardianship i.e. parents, grandparents, siblings, children etc. It is a very big deal.

Excellent point / each state has their own governing statutes regarding notification - notice is served depending on the state but I do see a consent in the docket

Financial POAs are often "springing", meaning they're only effective when the person is dead or declared incapacitated in writing by an attending physician.

We don’t ever do springing POAs anymore

 

[mom2chloe]

Agreed, I was supposed to be guilty, so I was in the process of beginning at beginning...

JMO Does this filing have anything to do w/ handling family finances, that need to be addressed? Real estate transaction in progress?

I would hope that a husband under suspicion of murder would have to prove incompetence.

I would like to think there is a legal means to either avoid or delay this type of proceeding and if not there needs to be. Too many women going missing at the hands of significant others due to monetary gain or similar. Victims deserve recourse too not to mention the two daughters who deserve the world. IMO

 

[?mysterian?]

...anybody else kinda starting to get flashbacks
of the Michael Chambers case?

So very sad.

imo

Yes! That's exactly what this reminds me of. Makes me wonder if someone followed that case.

 

[Backstroke10]

I’m assuming BM doesn’t think she’s alive since he’s trying to file for incapacity, so maybe no need for a BOLO. MOO

I don’t believe LE ever issued a BOLO. They knew something very early on. MOO

 

[oviedo]

Which, if the estate is reduced in some way (such as converting property into cash and spending it by a guardian or someone with power of attorney) then the daughters get less.

IANAL but that's how it seems to me at first glance. When and if Suzanne is declared dead (in Indiana? Colorado?), if someone has control of the assets and can sell or move them around, there could be very little left.

I wonder which state has the shortest process.

I don't think a biological father ever has to file for guardianship of his biological children; nor do parents whose children are legally adopted. There's one minor.

We just had a case / parent had to bring guardianship for minor who inherited assets - I don’t know what could happen here though - this whole case has taken a turn IMO

 

[?mysterian?]

Excellent point / each state has their own governing statutes regarding notification - notice is served depending on the state but I do see a consent in the docket

We don’t ever do springing POAs anymore

Thank you for explaining all this, it's very helpful.

 

[Gigi3]

I don’t believe LE ever issued a BOLO. They knew something very early on. MOO

Oh I know LE never issued a BOLO, it’s something that struck me from the very beginning of this. I was just responding to a poster!

And it’s starting to appear that maybe BM doesn’t believe she will be returning anytime soon! MOO

 

[Gigi3]

When did TD’s video come out? Sunday?

When did BM file for this? Monday?

Is someone getting nervous? JMO

 

[TristanP]

Holy. Crap.

Could this dude be any more transparent?

Rhetorical question.

JMO.

It certainly seems that LE has known from Day 1 what they’re dealing with.

 

[DizzyB]

We do believe that BM has hired an attorney regarding what is happening in Colorado, right? One would assume that BM ran this by them. Would the attorney have recommended a move like this for, say a closing that had to be done? And advised BM to get an Indiana lawyer for that so the deal could go through? Maybe with an account set up as a trust or something, not to be touched until later? Have all the attorneys here at WS gone to bed?

 

[Feistyomi]

So does my state but not for a missing person -they have a right to object on their own behalf as to their rights being taken away
And this really is my only point - how can the court take your rights away without your presence even if you are clearly unable to make your own decisions due to drugs, stroke, dementia etc - you are present and examined and doctors determine and advise the court and the judge rules based on this testimony - she is missing how can a judge rule and this be fair ?
IMO

Contract to purchase, may have been signed by both BM and SM, w/ witnesses that she WAS. fully competent and not coerced. Buyers may still wish to complete transaction, in fact they can take steps to force the sale...financially prudent to proceed w/ sale.

 

[mom2chloe]

...anybody else kinda starting to get flashbacks
of the Michael Chambers case?

So very sad.

imo

Wowza! I was unfamiliar with this case but OMG. Thanks for sharing the similarity.

 

[FelicityLemon]

Maybe blood was found on the road and that's the personal item of SM's that was found. That and a mangled bike and no body could mean she was hit and abducted either by accident or opportunity. We've read about hit-and-run drivers driving away with the victim in the windshield. I know most of you don't believe she was taken. I don't know what to think either way, still thinking.

 

[Feistyomi]

We do believe that BM has hired an attorney regarding what is happening in Colorado, right? One would assume that BM ran this by them. Would the attorney have recommended a move like this for, say a closing that had to be done? And advised BM to get an Indiana lawyer for that so the deal could go through? Maybe with an account set up as a trust or something, not to be touched until later? Have all the attorneys here at WS gone to bed?

Agree. Was typing as you were...I do not see huge red flag, yet. JMO
No way would I be pushing this one if I was guilty, also MVHO

 

[susiQ]

Have all the attorneys here at WS gone to bed?

I doubt it, but I suspect they also work for a living

 

[TristanP]

Unless there’s a reason (such as required time limit) for this motion to have been made 3 wks after SM disappeared, I can’t wrap my brain around why it’s a perceived smart move. If he’s guilty of harming SM, this makes him look worse! And if he’s innocent, why is he making a move that makes him look terrible? Even if a hired lawyer said “Hey BM, this is something that is time critical to do”, I just can’t see where it shows any heart or compassion whatsoever. This fence I’m trying to sit on is uncomfortable tonight.

You gotta watch out for the barbed wire!

 

[mom2chloe]

We do believe that BM has hired an attorney regarding what is happening in Colorado, right? One would assume that BM ran this by them. Would the attorney have recommended a move like this for, say a closing that had to be done? And advised BM to get an Indiana lawyer for that so the deal could go through? Maybe with an account set up as a trust or something, not to be touched until later? Have all the attorneys here at WS gone to bed?

I would like to think that a criminal defense attorney would suggest BM remain silent but there is always another lawyer out there chasing an ambulance or bike in this case that wants to go for the money. IMO

 

[mom2chloe]

I doubt it, but I suspect they also work for a living

They likely have their hands full on a bad day too IMO. Bless their hearts and the information they afford us out of the kindness of their hearts.