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

[oviedo]

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.

Can you find the listing where the subject property was available for sale because I can’t - thanks

 

[Tate123]

Holy. Crap.

Could this dude be any more transparent?

Rhetorical question.

JMO.

To be honest I don't believe this to be nefarious. It is just too blatant. Even a fool would know how it would be perceived. His attorney would know better as well.

 

[MassGuy]

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.

There’s just no way they would call blood “a personal item.” This just had to be some object of hers.

If they did find blood, or other evidence of violence, then I would fully expect law enforcement to act as if this was a kidnapping.

There is plenty of precedent for violent attacks and kidnappings involving joggers and bicyclists, but law enforcement clearly doesn’t believe that’s what happened.

There has to be a solid basis for this.

 

[oviedo]

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

Guardianship and real estate are very specific areas of law - perhaps they don’t have an opinion yet ?

 

[Feistyomi]

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.

I had been leaning toward abduction, w/ perhaps taser evidence, but yours is w/in realm of possibility. Trying to explain the “gag”order is my biggest puzzle pieceJMO.

 

[Gigi3]

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.

If that’s the case, those buyers should be ashamed of themselves for making BM go through this right now! I can’t imagine having to deal with trying to find my missing wife and selling property. If BM is innocent, that’s just awful, IMO.

 

[MassGuy]

To be honest I don't believe this to be nefarious. It is just too blatant. Even a fool would know how it would be perceived. His attorney would know better as well.

Maybe he doesn’t have a choice, and this is more important than optics. Perhaps his financial picture isn’t what most people think it is.

These motions were filed a few days ago, and the media has yet to report on it. It’s possible that he hoped no one would know about this, and he didn’t realize the records would be posted online.

 

[oviedo]

Will do some research tomorrow on IN guardianship missing persons and property transfer law when an owner is missing with no power of attorney in place
Will report back

 

[GordianKnot]

To be honest I don't believe this to be nefarious. It is just too blatant. Even a fool would know how it would be perceived. His attorney would know better as well.

BBM:

Had I not closely followed a couple of other Colorado cases showcasing a mind-boggling string of blatant, moronic moves by total fools, I'd probably agree.

This move isn't just bad optics.

JMO.

 

[Seattle1]

He wants to sell the property but he cannot without court approval - he has to get Letters of Guardianship that determine this missing woman to be incapacitated and unable to make decisions for herself and get the courts permission to sell her interest In the jointly held property - it must be killing him

^^SBBM

I'm very interested to see how the Court can declare a missing, unavailable person whose location is unknown incapacitated.

I don't think State Probate Codes have a provision for declaring a person whose whereabouts are unknown incapacitated. I think it would be a gross abuse of power for a judge to declare any person incapacitated, and attach the benefits that apply to the petitioner, when they cannot appear for themselves to answer and/or contest the petition.

The Indiana Code Title 29. Probate Section 29-3-6-1 doesn't seem to be any different.

After the petition is filed, how will the court notify the alleged incapacitated person of their hearing?

How can the alleged incapacitated person be examined and/or questioned for the judge to declare they are incapacitated?

Only a judge can declare someone incapacitated.

The judge is the only person that can determine that a person lacks the capacity to manage his or her property and make decisions about his or her health or safety.

Absence is not defined as incapacitated.

Nope. I don't like this idea at all!

Selling real estate in the absence of a partner is what POA's are for.

MOO

 

[10ofRods]

I’d be very interested in case law that supports a determination of incapacity on a missing person who cannot be examined by a court which is generally a strict requirement when taking away their rights
IMO

I think guardianships are overseen by the Court in most states. So perhaps the needed legal business that will be completed on her behalf by a guardian will be overseen.

For example, if it's something small, such as signing some minor escrow form on an already existing real estate sales contract, perhaps the Judge will approve for one small thing? I really don't know - just have seen elderly people put on conservatorships and that's how it works - they are usually of somewhat limited scope unless the elderly person signs off on more.

Surely Indiana wouldn't let one spouse sell everything without the other's consent after a mere month of being missing?

 

[FelicityLemon]

If she is presumed deceased, that would constitute 'incapacitated' until it's proven or X years have passed? At some point, knowing what they know about her - they assume she'd never be this long without contacting her daughters if she could help it. If it's presumed she can't help herself, she's incapacitated. If she's not incapacitated, then she'd not made contact by her own choice and I don't think that's a reasonable conclusion.
I don't think it's unreasonable to assume she's incapacitated.

 

[TristanP]

I don't find it odd or suspect; I think it's practical.
While it's been less than a month, life has to continue on for the family of the missing. It wouldn't be unusual at all for a spouse/parent to keep things moving and sadly, but very practically, the legal stuff is necessary. Things that require the signature of both spouses or the signature of the missing spouse (minor children tuition and medical for example). There are people who take care of things immediately rather than wringing their hands and worrying themselves sick when they need to be as functional as possible for children.

I’m more curious about the request to sell (or maybe it said transfer?) real estate. If it weren’t for that, I wouldn’t really think much of it.

 

[Bridger]

If that’s the case, those buyers should be ashamed of themselves for making BM go through this right now! I can’t imagine having to deal with trying to find my missing wife and selling property. If BM is innocent, that’s just awful, IMO.

But the lives of a family in Indiana who've contracted to buy property, taken out a loan, hired movers, whatever, don't stop because a woman they don't know is missing in Colorado. Assuming a contract for sale had been signed by both SM and BM (and that's certainly what it sounds like), the sellers are contractually bound to transfer title to the property. They also owe a real estate commission to one or more realtors. I suspect BM has no choice in this matter. The buyers likely could sue for specific performance if he didn't arrange to sign for SM, in her absence.

 

[carbuff]

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.

That's what I was thinking.

I'm also thinking that if SM did previously refuse the sale, there would be two parties affected--BM and the purchaser.

 

[oviedo]

^^SBBM

I'm very interested to see how the Court can declare a missing, unavailable person whose location is unknown incapacitated.

I don't think State Probate Codes have a provision for declaring a person whose whereabouts are unknown incapacitated. I think it would be a gross abuse of power for a judge to declare any person incapacitated, and attach the benefits that apply to the petitioner, when they cannot appear for themselves to answer and/or contest the petition.

The Indiana Code Title 29. Probate Section 29-3-6-1 doesn't seem to be any different.

After the petition is filed, how will the court notify the alleged incapacitated person of their hearing?

How can the alleged incapacitated person be examined and/or questioned for the judge to declare they are incapacitated?

Only a judge can declare someone incapacitated.

The judge is the only person that can determine that a person lacks the capacity to manage his or her property and make decisions about his or her health or safety.

Nope. I don't like this idea at all!

Selling real estate in the absence of a partner is what POA's are for.

MOO

Exactly and if a judge declares a missing person incapacitated and allows her property to be sold without her consent what precedent does that set?

 

[TGIRecovered]

This seems to be lost on our US sleuthers
Imo

I understand that you are just giving your own opinion. I just don’t like being lumped in to one great, oblivious category of “US sleuthers.” No hard feelings.

 

[oviedo]

If she is presumed deceased, that would constitute 'incapacitated' until it's proven or X years have passed? At some point, knowing what they know about her - they assume she'd never be this long without contacting her daughters if she could help it. If it's presumed she can't help herself, she's incapacitated. If she's not incapacitated, then she'd not made contact by her own choice and I don't think that's a reasonable conclusion.
I don't think it's unreasonable to assume she's incapacitated.

What? This is a proceeding to determine incapacity nothing else. The docket is clear - he is not seeking to declare her deceased.

 

[10ofRods]

I hate being the person not caught up and popping in blindly so forgive me.
But has it been control of everything or mostly marital things?
Guardianship would grant him access to her private financials. Because she’s only missing. Not deceased. And the only other way he could gain that access is legally with a death certificate.

That’s why in missing persons cases it’ll say that their financials haven’t been touched. The bank needs Financial PoA, guardianship, or a death certificate to even allow a next of kin access.

That's a great hypothesis. If his attorney wants to see her financials, they may need a move like that. It's possible that CCSO has access to them via warrant, and of course, BM can't go get a warrant - he'd need to use a procedure like this one.

I wish one of our attorneys would weigh in on this.

 

[Shiloh28]

But the lives of a family in Indiana who've contracted to buy property, taken out a loan, hired movers, whatever, don't stop because a woman they don't know is missing in Colorado. Assuming a contract for sale had been signed by both SM and BM (and that's certainly what it sounds like), the sellers are contractually bound to transfer title to the property. They also owe a real estate commission to one or more realtors. I suspect BM has no choice in this matter. The buyers likely could sue for specific performance if he didn't arrange to sign for SM, in her absence.

Yes, and of course BM doesn't want to get out of the contract because he likely needs a lot of cash now.