Lilypad13
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Yes!!! He sure did. What a jerk!Remember Scott Peterson sold Laci's jeep fairly soon after she went 'missing'.![]()
Yes!!! He sure did. What a jerk!Remember Scott Peterson sold Laci's jeep fairly soon after she went 'missing'.![]()
Why would the proceeds be frozen? It depends on how they set up escrow. If proceeds of the sale are directed to be wired into their joint account BM should have full access to the funds. Escrow would have been set up immediately upon the purchase contract (within 48 hours) so presumably SM had knowledge and decision making where the proceeds of the sale would be deposited. BM has not been accused of any crime. He is simply fulfilling his end of the legal contract to sell the property. I do not find the “guardianship” issue suspicious at all.Ahh. Ok. Lots of answers there.
I guess in Indiana being missing can be deemed incapacity for purposes of a guardianship of an estate.
Adult daughter consented.
It does indeed appear that the property was due to close and if she is not available to sign the final paperwork I guess I can see how a judge MIGHT view that as exigent circumstances if it means a sale they both agreed to would be lost.
However, I think the proceeds need to be frozen until there can be hearings with someone representing her interests. At least.
Upon death, a POA is no longer valid. At that point, the Will and/or Trust becomes the overriding legal document.Repeating the obvious. In 99.9% cases, this transaction between a husband and wife is completed by POA and not by special court intervention such as Guardianship.
I believe that any POA that exists between the couple was revoked or is limited because SM had no intention for BM to have complete authority over her joint assets. MOO
The deposit of her share in the court registry would make me happy and I would feel better about this Guardianship It just seems all quick like hurry up judge I’m out of time - could have been filed a week ago to allow consideration by the court IMO unless this hurry up procedure was the plan? imoI don't think IN Guardianship provisions provide for the petitioner getting a quickie and never looking back.
I think the petitioner probably has to make an appearance at the "Permanent" hearing and provide proof that he did what was approved and the permanent petition will be withdrawn. (I think the court will have to keep safe SM's share of proceeds too).
I think this was most likely a transaction in progress and why the emergency permission pursuant to Guardianship granted.
Not only do I think it would be impossible for a Permanent Guardianship petition to be considered (i.e., the ward (SM) can't be examined) but I think BM would be pushing his luck to think he could go further with the petition.
There's evidence in the public record that demonstrates SM was very prudent with allowing the use of her POA and nobody had free reign over her name or authority.
In the event the court would allow the permanent petition heard, the attorney assigned by the court to represent SM at a permanent hearing would certainly present such evidence. I think a judge would stop any permanent declaration dead in it's tracks.
I think Conservatorship for SM is what applies here and not Guardianship.
MOO
Yay! I love this rollercoaster ride we are onOK in another bizarre twist related to finances..
BM has now been added to the G** page as a "Team Member" possibly allowing him to withdraw directly.
Remember Scott Peterson sold Laci's jeep fairly soon after she went 'missing'.![]()
Whoops, behind on reading thread. Are there more prop's listed in petition?
Fam member says '"Barry and Suzanne owned multiple rental properties in Indiana."
^Barry Morphew files for guardianship of missing wife Suzanne Morphew crimeineline.com June 6.
But she owns half the proceeds and is missing - the guardianship gives him permission to sell the property we know nothing of what the Judge imposed on the proceeds - I’m confident Ellen of crime online will Find out - she’s missing so IMO her share should not be disbursed To him yetWhy would the proceeds be frozen? It depends on how they set up escrow. If proceeds of the sale are directed to be wired into their joint account BM should have full access to the funds. Escrow would have been set up immediately upon the purchase contract (within 48 hours) so presumably SM had knowledge and decision making where the proceeds of the sale would be deposited. BM has not been accused of any crime. He is simply fulfilling his end of the legal contract to sell the property. I do not find the “guardianship” issue suspicious at all.
Bigger picture. What if she wanted a division of property (i.e., dissolution ) and somebody ends up with only half or less of the property?While I certainly wouldn't rule out money as a potential motive in this case, I'm having trouble accepting the idea that "he wanted to sell, she didn't" as a motive for murder. That, IMO, would almost have to be secondary to a bigger motive (a desperate need for cash, etc.). MOO.
Suzanne Morphew and her husband Barry Morphew held properties (more than one) in Indiana, where they were born and raised. In approximately late 2018, they moved to Colorado and purchased a house there. Their tax bills from Indiana were sent to Colorado.
Suzanne went missing on Mother's Day, while BM was out of town. LE said they did not suspect suicide, animal attack or abduction. They live in a remote area near a river, and Suzanne's bike was found near the river.
3-4 weeks later, Barry wants Guardianship of her so that he can do something. We all suspect it has to do with finances and property, although it's possible that BM's lawyer in Colorado (criminal lawyer) may want access to some of SM's financial records that may not be available to BM.
Suzanne had been unwell, having gone through two different kinds of cancer and recently pronounced recovered. Many of us here think that means the couple would have had durable PoA, but perhaps they did not. At any rate, there are two daughters, one is 16, the other is 20. We are all wondering why a Guardianship/Conservatorship is needed, as well as how it is possible for a spouse to get one when their partner has only been missing for 4 weeks.
It seems that some family member (probably the older daughter) has waived contesting the upcoming Guardianship hearing.
Thank you for coming to the thread, @gitana1 It just seems so strange that someone could gain control of a missing person's finances so quickly and so readily.
I suppose that if it’s true BM has this army of searchers working for him (as he told TD on the video), he may need $$ to compensate or outfit them. I dunno. I’m trying to stay neutral as best I can.
As for the $100K reward, he may have a home equity line of credit available. But perhaps would rather not go into debt if he doesn’t have to. JMO etc.
I don’t get the impression he’s rolling in liquid assets but I don’t know that I think he’s without resources. IMO ??? Etc
I suppose that if it’s true BM has this army of searchers working for him (as he told TD on the video), he may need $$ to compensate or outfit them. I dunno. I’m trying to stay neutral as best I can.
As for the $100K reward, he may have a home equity line of credit available. But perhaps would rather not go into debt if he doesn’t have to. JMO
Which leads me to ask this question. Could the sale of the house have went through if he had not file the Guardianship action? Could BM simply be a no-show in September and the whole thing would get dismissed?Setting aside the character of SP, the sale of Laci's vehicle occurred because either it was titled in a manner where either could sell it without the consent of the other, or LP gave her husband POA empowering SP to act as her attorney-in-fact. Petitioning for Guardianship for your missing spouse is just not the norm.![]()
I searched Hamilton County forwards and backwards last week. Thinking if they own other rental properties, they must be in another county, or the family member is mistaken, JMO.
...........or the vehicle was titled in both of their names in joint tenancy with right of survivorship. IMO, IANALSetting aside the character of SP, the sale of Laci's vehicle occurred because either it was titled in a manner where either could sell it without the consent of the other, or LP gave her husband POA empowering SP to act as her attorney-in-fact. Petitioning for Guardianship for your missing spouse is just not the norm.![]()
We’re not allowed to sleuth BM’s business, so can’t go mich further on this. Will just offer that perhaps there’s more property under a business name or LLC ...I searched Hamilton County forwards and backwards last week. Thinking if they own other rental properties, they must be in another county, or the family member is mistaken, JMO.
The deposit of her share in the court registry would make me happy and I would feel better about this Guardianship It just seems all quick like hurry up judge I’m out of time - could have been filed a week ago to allow consideration by the court IMO unless this hurry up procedure was the plan? imo
Yup, this is why I think the rental property was listed for sale by the Morphews long before SM became missing.The average amount of time it takes for homebuyers in the United States to close on their home purchases (as of February 2019) is 47 days across all loan types, according to leading mortgage software company Ellie Mae. In general, purchase loans take longer to close than refinance loans by an average of 12 days. Learn more about the purchase process, time spent at each stage and tips for keeping your closing on track below. As a licensed realtor, IME 45 days was average before COVID. IMO it has been slightly longer since, about 60 days unless it is cash/quick close with inspection waivers in place.
Mortgage Guide: What's the Average Time to Close on a House?