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

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BBM:

If this was just about getting emergency guardianship so that he could get that single real estate sale done, we wouldn't be staring at court docs r/t a pending September court date for "Permanent Guardianship," though.

So there's that.

JMO.
Yes. AND people have been pointing out how unusual it is to have to get a guardianship at all. That most married couples would have POA. Why didn’t they? Did she not want him to have POA?
 
All that searching doesn't fit, nor the kidnap-mountain lion-bike crash menu of stories.

Your thought here is a novel idea; it seems to make a lot of sense when analyzing the strange potpourri of information and events in the disappearance of SM. SM's health does seems to figure highly in this entire missing person story--notwithstanding the latest and very odd guardianship court filing in her behalf by her husband.
 
I just have to wonder, if the timing of all this has anything to do with a possible sudden need for a large amount of money, possibly for a criminal defense attorney?
Just thinking out loud and trying to make sense out of the latest developments.

jmo
 
All that searching doesn't fit, nor the kidnap-mountain lion-bike crash menu of stories.
Agree. And I thought she had been cleared and was in remission? Also when you go into hospice care you can get morphine & Ativan and there are other ways to hasten death if you get what I’m saying - other than being “disappeared” and turning your spouse into a murder suspect. (If you are saying they didn’t want it to look like an assisted suicide so they wouldn’t get in trouble for helping.) But maybe you are thinking she wanted to just “disappear” so they could collect a life insurance policy? But everyone knows they always suspect the spouse first. Also she is a Christian and isn’t killing yourself a sin? As in going to hell sin? I hope God would forgive you if you are dying a slow agonizing death from cancer but that’s a pretty big moral dilemma. I don’t know if all Christians believe you go to hell if you kill yourself. Maybe someone can speak to that or maybe Plunder can address it? I like hearing new and different theories on WS and it’s definitely a new angle for us to speculate on!
 
But this must have been in the timeframe right (or near) when she was missing? That swings my hinky meter even more.
The guardianship was the goal all along, IMO. The applicable story is the kidnapping (entirely BM's idea). It's about being unavailable, but not being dead. That story evidently didn't work out for him because it didn't make sense to anyone, so he came up with the "mountain lion" and "bike accident" stories. IMO the goal was the guardianship...
Maybe the "too soon" comment was a slip that he was focused on something other than SM, namely a plan he had worked out to get where he wanted to go that wasn't effectuated yet. A financial or legal plan.
Reading your post felt like a punch in the gut. It all fits.
 
I just have to wonder, if the timing of all this has anything to do with a possible sudden need for a large amount of money, possibly for a criminal defense attorney?
Just thinking out loud and trying to make sense out of the latest developments.

jmo
That was the first thing I thought! All this legal talk is over my head. But I thought surly a husband can't disappear his wife, then sell their property to hire a good defense attorney. Surly not! Not that that is what happened here...moo
 
This is what Seattle1 was saying, and I think it’s definitely possible. I hope so. Just feels dirty to me after just a few weeks of her being missing, but could be BM was told everyone would be better off just to get the sale done and that the guardianship is temporary. Ugh. I just don’t like it.
Me neither! It’s so gross that money is more valued than a life and BM just goes on living and making transactions while this beautiful woman’s lifeless body possibly lies decaying out in the woods or in the water somewhere. I’m just hoping it was done for a good reason other than greed.
 
Yes. AND people have been pointing out how unusual it is to have to get a guardianship at all. That most married couples would have POA. Why didn’t they? Did she not want him to have POA?
Ha ha, I keep replying to your post.:D

I don't have POA since everything I have are jointly owned by DH and myself. If I die first, my DH doesn't need to go through probate court. After that, DH will want to get POA in case something happens to him.

That seems to be the case for SM and BM based on what we've been able to discover so far. They jointly own both IN and CO home, we know for sure.
 
That was the first thing I thought! All this legal talk is over my head. But I thought surly a husband can't disappear his wife, then sell their property to hire a good defense attorney. Surly not! Not that that is what happened here...moo

It's about a thousand miles over my head, that's for sure.
I do appreciate some of you trying to explain it, and yet it's still complicated and confusing to me.
I just can't help but wonder, a man's wife goes missing, the actions of LE appear to indicate he's the one they're looking at, despite the fact they've never actually said that, and then suddenly he has a pressing need to sell a pricey piece of real estate so he can have the $$ at his disposal.

I mean, what else does he need that money for, so quickly? o_O
 
Jurisdiction for Guardianship. Real prop in IN, SM resident of 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....
@oviedo Good question. As someone (sorry, forgot who) else posted here, (my paraphrasing -->) if 'incapacitated person' holds legal title to props in multiple states (say 3), guardianship proceedings in those 3 states are/may be needed, and if IncPers is a resident of yet 4th state, a guardianship proceeding there too. Happily AFAIK, real est. in only two states, IN & CO, and SM is resident of CO.

For major-colossal-big-time-fun-reading;):rolleyes::eek:o_O, maybe someone can take a longer look at IN. guardianships and adult guardianship statutes' provisions for transferring a guardianship from IN to ct in another state, and an IN ct to accept guardianship established in other states.* Similar to jurisdiction provisions re child custody statutes and transferring custody from one state to another?

Briefly, imo, DM's/DM's atty's decision to file for G'ship in IN is based on real prop in IN, which makes (some) sense, as whatever sale or transaction occurs will be largely driven by IN law & title ins. co involved (azz-uming there is a lender and/or a title ins policy involved). And if, big IF, BM's petition for guardianship is limited to the IN. real prop, and not bank a/c, brokerage a/c, IRA, retirement a/c, etc, in which SM holds an interest/is owner/ part owner, and if, another big IF, there was already a real est transaction pending -- and there apparently was w the 'land contract' w SM's approval of it already evidenced by her signature on 'Land Contract' doc back in May 2019---- then judge may be more inclined to appt BM as G'n for that prop only.
All ^ jmo.
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IC 29-3.5-3-1Transfer of guardianship to another state
" Sec. 1. (a) A guardian appointed in this state may petition the court to transfer the guardianship to another state.
(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian.

IC 29-3.5-3-2Acceptance of a guardianship transferred to Indiana
Sec. 2. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 1 of this chapter, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer..." bbm.
 
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BBM:

I can't speak for anybody else, but I'm most certainly not making that assumption.

Are property sale records public in IN, i.e., will we be able to view the sale amount and buyer after the sale has been finalized?

I'm very interested to know if this property was sold to one of BM's relatives.

JMO.
Yes there will be a deed conveying title to the buyers IMO
Takes about 5 days in my state to record it
 
@happyday - I doubt you would ever be in this position because you and your hubby would probably have a POA to cover something like this as do 99%. This is the purpose of such an instrument and not a special intervention from a probate court. This petition for Guardianship to sell joint property of husband and wife is highly unusual and no provisions to attempt this in many states. MOO

ETA: If you sign a purchase and sale agreement with escrow closing in xx days there's no reason for you not to sign a POA at the same time in the event either spouse can't be present to execute. This can be because you're snowed in at an airport, home with the flu, in the hospital giving birth. The POA can be specific to this transaction and powers void after closing. These circumstances don't usually require Guardianship!
Thank you. I just learned something new. Well then...it might be as greedy and heartless as it looks.
 
Yes. AND people have been pointing out how unusual it is to have to get a guardianship at all. That most married couples would have POA. Why didn’t they? Did she not want him to have POA?
I would love to understand this angle. Why no POA? Is it inadvertent that she didn’t have one (yes, cancer dx and all that, but who knows what the degree of seriousness was and/or how she processed it relative to her mortality) or is there something relevant to the story here about this? She’s in her 40s IIRC, so may not have fully dealt with it yet ... via estate planning etc. Not that that’s advised, just that we don’t know. I can say I know lots of folks who put this stuff off. OTOH, if she *had* thought it through and didn’t have a POA, what was her reasoning...with two daughters coming into adulthood??

ETA: just read pocketaccent’s post about her no-POA situation with her husband. Helpful. Could very well be the case with SM/BM, no?
 
But this must have been in the timeframe right (or near) when she was missing? That swings my hinky meter even more.
The guardianship was the goal all along, IMO. The applicable story is the kidnapping (entirely BM's idea). It's about being unavailable, but not being dead. That story evidently didn't work out for him because it didn't make sense to anyone, so he came up with the "mountain lion" and "bike accident" stories. IMO the goal was the guardianship...
Maybe the "too soon" comment was a slip that he was focused on something other than SM, namely a plan he had worked out to get where he wanted to go that wasn't effectuated yet. A financial or legal plan.
Agreed.

My .02 is that if something happened , namely murder, there was much thought and premeditation involved.
 
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