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

[oviedo]

So, if SM & BM arranged a seller carry back (seller financing) this could show it sold yet they remain the responsible party for the taxes?

*My apologies if I continue to ask the same question. I’m trying to see if it’s possible and what property the petition would cover. The farm was transferred.

We did extensive deed research early on iIRC they retained vacant land and I believe this is what he wishes to sell
JMO

 

[oviedo]

The more I think about this, it’s a lot. Would a judge grant guardianship to Barry in a missing persons case? Would an attorney have to be appointed/hired on Suzanne’s behalf before anything proceeds? I can’t imagine a judge just handing over Suzanne’s assets to Barry without pause.

In my state, the alleged Ward-SM- would be appointed an attorney to represent her.

And who pays for Suzanne’s (or her daughters) interest in these various court proceedings? Nightmare indeed! IMO

Last guardianship we did, the Ward pays for all of it once letters of guardianship of the property are issued - so SM would pay for everything including the doctors who would examine her if she were available

Would this Guardianship grant him access to say a Trust, held in Suzanne's name?

Hmm if there is a Trust and he’s not a co-trustee or successor trustee someone is - we structure multiple people to serve just in case and then ultimately an institutional trustee. The trust would spell all of that out and I can’t imagine it not having an incapacity clause - but she’s missing

It seems to me that someone also has to represent SM's best interests at the hearing as well.... at least that is what is noted in the questions and answers about guardianship at the arcind.org link....

Guardianship & Alternatives to Guardianship | The Arc of Indiana

Yes - in my state before Letters are issued she would be appointed her own attorney

IN Statute. Notices Required re Guardianship Petition
@KLM6 Thank you very much. Were you referring to this, below? Or something else?

"IC 29-3-6-1 Notice of petition and hearing; persons to whom notice must be given; waiver of notice
Sec. 1. (a) When a petition for appointment of a guardian or for the issuance of a protective order is filed with the court, notice of the petition and the hearing on the petition shall be given by first class postage prepaid mail as follows:
(4) If it is alleged that the person is an incapacitated person, notice of the petition and the hearing on the petition shall be given to the following persons whose whereabouts can be determined upon reasonable inquiry:
(A) The alleged incapacitated person, the alleged incapacitated person's spouse, and the alleged incapacitated person's adult children, or if none, the alleged incapacitated person's parents.
(C) In case no person other than the incapacitated person is notified under clause (A), at least one (1) of the persons most closely related by blood or marriage to the alleged incapacitated person.
(D) Any person known to the petitioner to be serving as the alleged incapacitated person's attorney-in-fact under a durable power of attorney.
(E) Any other person that the court directs.
Notice is not required under this subdivision if the person to be notified waives notice or appears at the hearing on the petition." bbm ubm
^ Indiana Code 2019 - Indiana General Assembly, 2020 Session ^

So IN Notice is To the adult child first - then goes on to name others - it looks like his side of the family has no say and no consent IMO - great research

So, if SM & BM arranged a seller carry back (seller financing) this could show it sold yet they remain the responsible party for the taxes?

*My apologies if I continue to ask the same question. I’m trying to see if it’s possible and what property the petition would cover. The farm was transferred.

That’s what it looks like but we discovered CO tax bills revert to current owner even in prior years - recorded deeds are the best at clarifying current ownership IMO

Perhaps the question of guardianship will be kicked back to CO?

That’s what I don’t understand- she is a resident of CO right? In my state guardianship is determined by residency of the Ward- I posted about a situation we just had this week - minor inherited FL property with adults but lives in NY- guardianship has to be in NY

This is exactly what I have been thinking too. She has been missing for less than a month. The investigation is ongoing. How is the Judge going to declare her incapacitated? I know the immediate family members of SM can file an objection after they have been notified of the guardianship but I think BM will also have to notify Colorado LE about his petition since it is still an ongoing investigation. Can the Colorado LE object to this petition? I think they can and if they do, then we know what it means. I would think the Judge would want to have some inputs from Colorado LE before deciding on the petition. MOO

By now, the CBI knows about this IMO -
Let’s see if it’s reported today
—-
I need to assemble all these terrific links you all have posted in the media thread for our easy reference.
@gitana1 would be interested in what you think about all this - A CO mom -SM goes missing May 10 and husband Files petition for guardianship in IN together with a Petition to sell property - a consent and waiver also filed (by who -we don’t know it’s not public information but they have an adult child)

 

[EggSalad]

A couple questions:

1. If SM had made her oldest daughter her POA, would BM declaring guardianship trump the POA?

2. If a SM trust named the sole beneficiary someone other than BM, would guardianship give BM full control of the trust before it’s passed to the beneficiary?

 

[Hatfield]

Oh my.

All I know is "its too soon" for this, as BM himself recently said.

I'm still hoping she can somehow be found alive still.

 

[oviedo]

A couple questions:

1. If SM had made her oldest daughter her POA, would BM declaring guardianship trump the POA?

2. If a SM trust named the sole beneficiary someone other than BM, would guardianship give BM full control of the trust before it’s passed to the beneficiary?

1- IDK will ask at work - I don’t see how a valid POA can be struck down unless proven it was executed under duress or its fraudulent IMO
2-hmm I don’t think the court can change the terms of the trust - will ask but the trust has to have a co- trustee or successor trustee and in happy marriages it’s generally the spouse - we did do a trust once where the successor was the adult son rather than the wife - But that was because “women can’t handle finances” according to the husband
JMO

 

[Rosiebones]

This is my question. If she is alive and held somewhere, would this petition, if granted prevent the person holding her from forcing her into liquefying assets or pulling funds. Do you suppose that is why it is being done?

 

[abstr]

POA dies with you , just saying

 

[oviedo]

This is my question. If she is alive and held somewhere, would this petition, if granted prevent the person holding her from forcing her into liquefying assets or pulling funds. Do you suppose that is why it is being done?

IMO a guardianship of the property would stop her from executing anything - if the guardian knows about a potential transaction. But I think that would just be assets in her name alone - anything jointly held would need the joint owner's signature as well - the point of this guardianship is to allow him to sign her "name" as guardian in a real estate transaction IMO. Of course, we don't have access to the petition so it could also list many other assets in her name - annuities, for example. He would, as guardian, control those assets too. However, we just had a situation a few years ago where the joint owner (father/adult child) basically stole all of the money in the jointly held account and there is nothing that can be done. so, if she is being held and has online access for a joint account, she could transfer everything to a new account in her name only and nothing can be done about that either. a guardian could try to get the money back I suppose - but, when we do a guardianship, we provide a certified copy of the Letters of Administration to every bank/brokerage/etc holding assets so they know the guardian is the only one authorized to make transactions.
JMO

 

[oviedo]

Update - spoke to one of our lawyers: - (remember, I am not a lawyer but I work with them so consider this my opinion based on discussions with them)

Venue/Jurisdiction - residency (driver's license, property ownership, etc) determines where to file. Based on what we know, she has lived in CO up until she went missing and that is where the guardianship should be brought. We can't know what the IN lawyer has argued in the petition for guardianship though but unless IN has some very specific guardianship statute that trumps residency, this should be denied and moved to CO. JMO

POA dies with the person so until that happens whoever holds her POA can conduct business on her behalf while she is missing based on what specific powers are in it. Based on the need for a guardianship, a POA may not even exist for him or anyone to act as attorney-in-fact on her behalf. Otherwise, a guardianship is not even needed

A consent and waiver is on file. someone (adult child according to the IN statute) has consented to this appointment.

---
Based on what we know of her missing case, they do not think a Judge would allow Letters to be issued under the circumstances and certainly not in IN unless there is some underlying reason known only to the lawyer handling the guardianship petition for the alleged Ward - SM.

Let's see what comes of this today.
JMO

 

[Gigi3]

POA dies with you , just saying

Thank you for saying this! I didn’t know if it only applied to my state or not.

I was my grandma’s POA, but the minute she passed that ceased. My uncle was executor, so he picked up from there to handle the rest.

 

[Murphy1950]

Update - spoke to one of our lawyers: - (remember, I am not a lawyer but I work with them so consider this my opinion based on discussions with them)

Venue/Jurisdiction - residency (driver's license, property ownership, etc) determines where to file. Based on what we know, she has lived in CO up until she went missing and that is where the guardianship should be brought. We can't know what the IN lawyer has argued in the petition for guardianship though but unless IN has some very specific guardianship statute that trumps residency, this should be denied and moved to CO. JMO

POA dies with the person so until that happens whoever holds her POA can conduct business on her behalf while she is missing based on what specific powers are in it. Based on the need for a guardianship, a POA may not even exist for him or anyone to act as attorney-in-fact on her behalf. Otherwise, a guardianship is not even needed

A consent and waiver is on file. someone (adult child according to the IN statute) has consented to this appointment.

---
Based on what we know of her missing case, they do not think a Judge would allow Letters to be issued under the circumstances and certainly not in IN unless there is some underlying reason known only to the lawyer handling the guardianship petition for the alleged Ward - SM.

Let's see what comes of this today.
JMO

Makes so much sense, you are a Godsend Oviedo.

 

[Backstroke10]

Yes, that is correct. So there’s no real estate agent waiting on a commission.

During the lease-to-own period with the IN home, can the buyer or seller back out of it? Due to the publicity surrounding this case, maybe the buyer wants out. If BM needs money, maybe he wants out of it. If he’s only receiving a monthly rental check maybe he wants to sell it outright and get the equity out of the house now vs. waiting for the lease-to-own period to end. Do we know how long the lease-to-own period is? Maybe it’s ended and this is why he needs the guardianship. MOO

 

[Tate123]

Update - spoke to one of our lawyers: - (remember, I am not a lawyer but I work with them so consider this my opinion based on discussions with them)

Venue/Jurisdiction - residency (driver's license, property ownership, etc) determines where to file. Based on what we know, she has lived in CO up until she went missing and that is where the guardianship should be brought. We can't know what the IN lawyer has argued in the petition for guardianship though but unless IN has some very specific guardianship statute that trumps residency, this should be denied and moved to CO. JMO

POA dies with the person so until that happens whoever holds her POA can conduct business on her behalf while she is missing based on what specific powers are in it. Based on the need for a guardianship, a POA may not even exist for him or anyone to act as attorney-in-fact on her behalf. Otherwise, a guardianship is not even needed

A consent and waiver is on file. someone (adult child according to the IN statute) has consented to this appointment.

---
Based on what we know of her missing case, they do not think a Judge would allow Letters to be issued under the circumstances and certainly not in IN unless there is some underlying reason known only to the lawyer handling the guardianship petition for the alleged Ward - SM.

Let's see what comes of this today.
JMO

Great information Oviedo...thank you.

 

[RickshawFan]

It is very curious that BM wrote that note about the bike, biking gear and helmet for the shop in Salida. Very curious indeed.

Respectfully snipped.
I don't remember seeing this little titbit. Could you post a link back on here so it re-enters the conversation? If it's permissible, of course.

 

[DetectiveFoyleWannabe]

In my state, the alleged Ward-SM- would be appointed an attorney to represent her.


Last guardianship we did, the Ward pays for all of it once letters of guardianship of the property are issued - so SM would pay for everything including the doctors who would examine her if she were available


Hmm if there is a Trust and he’s not a co-trustee or successor trustee someone is - we structure multiple people to serve just in case and then ultimately an institutional trustee. The trust would spell all of that out and I can’t imagine it not having an incapacity clause - but she’s missing


Yes - in my state before Letters are issued she would be appointed her own attorney


So IN Notice is To the adult child first - then goes on to name others - it looks like his side of the family has no say and no consent IMO - great research


That’s what it looks like but we discovered CO tax bills revert to current owner even in prior years - recorded deeds are the best at clarifying current ownership IMO


That’s what I don’t understand- she is a resident of CO right? In my state guardianship is determined by residency of the Ward- I posted about a situation we just had this week - minor inherited FL property with adults but lives in NY- guardianship has to be in NY


By now, the CBI knows about this IMO -
Let’s see if it’s reported today
—-
I need to assemble all these terrific links you all have posted in the media thread for our easy reference.
@gitana1 would be interested in what you think about all this - A CO mom -SM goes missing May 10 and husband Files petition for guardianship in IN together with a Petition to sell property - a consent and waiver also filed (by who -we don’t know it’s not public information but they have an adult child)

I don;t think CO LE could object to this petition. They have no standing to do so in my opinion (I'm a lawyer but I'm by no means an expert on probate law). But I really don't think they can intervene in a private probate matter in Indiana. Like the Fotis Dulos case, the private civil matter will run in parallel and separately from LE investigation, but you can be sure that LE is closely watching this. The timing is super suspect and I think financial motives and urgency are coming to the fore here, and LE is probably already aware of any of these issue to be frank. MOO of course.

 

[Tate123]

Respectfully snipped.
I don't remember seeing this little titbit. Could you post a link back on here so it re-enters the conversation? If it's permissible, of course.

The only place I've seen it is on a YT channel that I don't believe to be WS approved. (if you google B... M.... note it will come up)

 

[Jackielee09]

Perp: she will be found, you will be caught. Just save her loved ones the ongoing agony of the not knowing. End the charade, whoever you are. no one deserves to be hidden away.
CONFESS!

I can dream can’t I?

 

[DetectiveFoyleWannabe]

Update - spoke to one of our lawyers: - (remember, I am not a lawyer but I work with them so consider this my opinion based on discussions with them)

Venue/Jurisdiction - residency (driver's license, property ownership, etc) determines where to file. Based on what we know, she has lived in CO up until she went missing and that is where the guardianship should be brought. We can't know what the IN lawyer has argued in the petition for guardianship though but unless IN has some very specific guardianship statute that trumps residency, this should be denied and moved to CO. JMO

POA dies with the person so until that happens whoever holds her POA can conduct business on her behalf while she is missing based on what specific powers are in it. Based on the need for a guardianship, a POA may not even exist for him or anyone to act as attorney-in-fact on her behalf. Otherwise, a guardianship is not even needed

A consent and waiver is on file. someone (adult child according to the IN statute) has consented to this appointment.

---
Based on what we know of her missing case, they do not think a Judge would allow Letters to be issued under the circumstances and certainly not in IN unless there is some underlying reason known only to the lawyer handling the guardianship petition for the alleged Ward - SM.

Let's see what comes of this today.
JMO

If a civil matter is related to real property, and the real property is located in Indiana, then an Indiana court alone has any jurisdiction over matters of real property in Indiana. However, with regard to guardianship, you are right, I think - that would depend on where the person is domiciled, and it seems that that would be in CO. I'm not a probate lawyer though, just a regular ol' commercial and insurance lawyer so I am by no means an expert on this stuff! We will see what the IN court does with this!

 

[Bridger]

During the lease-to-own period with the IN home, can the buyer or seller back out of it? Due to the publicity surrounding this case, maybe the buyer wants out. If BM needs money, maybe he wants out of it. If he’s only receiving a monthly rental check maybe he wants to sell it outright and get the equity out of the house now vs. waiting for the lease-to-own period to end. Do we know how long the lease-to-own period is? Maybe it’s ended and this is why he needs the guardianship. MOO

The lease-to-own is only a possible scenario posited by someone here—not confirmed. Could be that. Could be a private sale. As far as whether the buyer can back out, it depends on what the contract says.

Whatever the case, this family owns a house reportedly free and clear in CO. If BM needed to raise cash, I suspect it would be much easier to get a loan on that house than to go through a guardianship process in another state. Heck, he could probably borrow from the friend who’s putting up the $100K reward. Just seems to me this is about fulfilling the terms of a real estate sale contract.

 

[oviedo]

I don;t think CO LE could object to this petition. They have no standing to do so in my opinion (I'm a lawyer but I'm by no means an expert on probate law). But I really don't think they can intervene in a private probate matter in Indiana. Like the Fotis Dulos case, the private civil matter will run in parallel and separately from LE investigation, but you can be sure that LE is closely watching this. The timing is super suspect and I think financial motives and urgency are coming to the fore here, and LE is probably already aware of any of these issue to be frank. MOO of course.

true they likely cannot enter an appearance as an interested party but her family could perhaps - and they could write a letter to the Judge that would make the Judge aware of the potential criminal investigation they have going on (media thread has links to CCSO) and our probate lawyers indicated the Judge would read it and take it under advisement but the underlying issue in their opinion is venue. She doesn't live there she lives in CO. only the property is there. so that's what I want to know - why did his lawyer think it would be ok to file there?
JMO