Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #13

[Whiteorchids]

IF he has a gf let’s hope she is smart enough to RUN for the hills as fast as she can! And what woman would move into the same house and sleep in the same room where their boyfriend possibly killed his wife?! If it doesn’t bother her then they might just be perfect for each other!

OJ Simpson’s girlfriend?

 

[ogls]

But to get 3 shady people working in unison defies logic. Husband, Lawyer and Judge all ignoring the rights of a missing person and trying to pull a fast one while an adult daughter signs off on it? I don't believe it. I'm hoping there is a legitimate reason for this to happen despite the unfortunate optics.

Acting in unison using the law available isn't a crime. Not fully encompassing the rest of the law imo is shady to me.

 

[Shiloh28]

I don't necessarily find the POA information nefarious. It's possible they didn't have durable financial POAs at all. It's also possible that they had them, but they were old and of the "springing" variety that isn't used as commonly now. Lots of people have estate planning documents done when their kids are young and then put off updating them for years. This means they need limited POAs prepared for specific transactions when one spouse can't be available because of business or travel. Though it would have been prudent for SM to have everything updated in light of her illness, I've known couples who failed to to do so even when one of them was seriously ill.

 

[Hatfield]

This may be a dumb question but if a wife left her assets in a will to her husband and he is later found guilty of murder of said wife....is he still entitled to receive them?

JMO
I have no legal experience but I think I can take a stab at your question from past cases.

My understanding is so long as the living married person has not yet been convicted and successfully made it through probate to disburse the will assets, then that person is free to do as they choose with the assets they would get from the will, however, what often can happen once the person is convicted, say after probate and will is distributed, is a close relative of the deceased will file a "Wrongful Death Civil Court Case" against the convicted murderer to go after proceeds. That Wrongful Death case can even be filed before a person is convicted I believe, but probably would be more successful if filed after.

 

[CronesEye]

This may be a dumb question but if a wife left her assets in a will to her husband and he is later found guilty of murder of said wife....is he still entitled to receive them?

This is a good question and I don't wonder if it varies by state. I have seen husbands murder their wives and serve short sentences getting out and going back to a normal life sometimes even with the children's acceptance (Trauma Bonding) other times with other family members taking children far away. All range of possibilities exist, I imagine.

I imagine it would depend on what kind of lawyer one got and the judge/jury, beyond the rules.

I am absolutely sure wealthy predators/murderers would be able to manipulate the system to get what they wanted. Our justice system is very imperfect and unpredictable. Hopefully a work in progress though.

I only have experience as an advocate and while I did work in a law office a long long time ago, law is very specialized and changes. I find many categories of law boring, probate, tax....But protecting victims or the vulnerable, there is the challenge.

 

[oviedo]

So if you trust your spouse, you had cancer twice and need to have someone be able to possibly handle transactions in quick order for your estates/beneficiaries sake, you would have either a general POA or a specific POA for each asset put in order.

However if things changed you might revoke them?

What comes to mind is that SM lived with BM for decades and knew his ability or propensity to operate outside of rules and regulations.

It isn't like someone just changes all the sudden, you have almost a lifetime to see how your spouse operates. If you feel safe, you cooperate, if you don't you put in protections if you aren't overtly at risk.

Yes it is obvious to me he did not have a current POA and why? We can list a whole bunch of reasons IMO but the fact that they had one for a specific transaction shows they know what they are and how they work
JMO

 

[AugustWest]

This may be a dumb question but if a wife left her assets in a will to her husband and he is later found guilty of murder of said wife....is he still entitled to receive them?

Not a dumb question at all. The short answer is no, you cannot murder a spouse and inherit under a will. Each state has a different statute and language governing this, but all have safeguards against.

Here is an example from my home state:

2014 Oklahoma Statutes :: Title 84. Wills and Succession :: §84-231. Person causing death not to inherit nor benefit by insurance of decedent.

 

[Whiteorchids]

Why hasn’t LE given any updates? Zip nada nothing. What could be going on? I just hope this case does not go cold. Are the searches over? No word from any locals except the youtuber this is so odd.

 

[CronesEye]

I don't necessarily find the POA information nefarious. It's possible they didn't have durable financial POAs at all. It's also possible that they had them, but they were old and of the "springing" variety that isn't used as commonly now. Lots of people have estate planning documents done when their kids are young and then put off updating them for years. This means they need limited POAs prepared for specific transactions when one spouse can't be available because of business or travel. Though it would have been prudent for SM to have everything updated in light of her illness, I've known couples who failed to to do so even when one of them was seriously ill.

Yes, many with illnesses fail to update their probate, but successful entrepreneurs with multiple shared assets really can't afford to Not keep current POA's with a spouse who has reoccurring cancer, Lest, they risk losing their assets. It just isn't something a successful, responsible entrepreneur would risk doing. IMO, respectfully.

 

[ogls]

JMO
I have no legal experience but I think I can take a stab at your question from past cases.

My understanding is so long as the living married person has not yet been convicted and successfully made it through probate to disburse the will assets, then that person is free to do as they choose with the assets they would get from the will, however, what often can happen once the person is convicted, say after probate and will is distributed, is a close relative of the deceased will file a "Wrongful Death Civil Court Case" against the convicted murderer to go after proceeds. That Wrongful Death case can even be filed before a person is convicted I believe, but probably would be more successful if filed after.

You need a death certificate for Probate or I'd think a reasonable amount of time to declare 1 dead. This moving so fast to include that? I'm going to wait for that one cuz I don't see that happening.

Plus I don't believe you can profit off the death you did. I think killers who wrote books there was issue w/families. Not sure just think

 

[Hatfield]

I commented earlier that the hill is steep but not terribly so, it would seem the bike would have hung up on the vegetation.

Replying to a post from previous thread.

JMO
I totally agree. I was so glad the newest video from TD showed the exact spot where the bicycle was found.

If that was the actual spot then it finally proves to me that her bicycle had to be thrown from the road by a person because I think it would have hung up in the brush more towards the top and not made it that far down the hill if she had a normal wreck or wipeout from the road area.

If it was a normal wreck, the bicycle would not have made it that far down. So some sort of human intervention like throwing it from the road or someone taking it down there had to have happened.

This helps us to limit what possibly happened to her.

 

[pocketaccent]

I truly hope the ones in the past were "her intent". Wasn't the sign off on this sale right before SM was last seen? Hmmm...

I think it was absolutely clear that SM intended to sell. Before going missing. Otherwise, the court would not have approved the sale to go through.

Sellers sign numerous documents before escrow can open - Listing agreement, Disclosure forms, various compliance forms, and sellers must agree to negotiated price and contingencies with the buyer. I'd bet @kkdj has much more to list. I'm only going by my past experience and memory as a seller and buyer of our homes.

Then, typical escrow lasts 30 to 45 days. If cash sale, less than two weeks.

SM had to be around to do all those pre-escrow stuff. I really don't think the guardianship judge would give permission for the sale to go through otherwise.

 

[MassGuy]

Why hasn’t LE given any updates? Zip nada nothing. What could be going on? I just hope this case does not go cold. Are the searches over? No word from any locals except the youtuber this is so odd.

This is just how investigations go. I’d expect a hell of a lot more waiting, and little to no information for a while.

I’m hoping we see developments in weeks, and not months, but I would bet on it being months.

If they are searching locations of interest for her body, it’s possible they have managed to keep it a secret.

She could be anywhere though.

 

[CronesEye]

Replying to a post from previous thread.

JMO
I totally agree. I was so glad the newest video from TD showed the exact spot where the bicycle was found.

If that was the actual spot then it finally proves to me that her bicycle had to be thrown from the road by a person because I think it would have hung up in the brush more towards the top and not made it that far down the hill if she had a normal wreck or wipeout from the road area.

If it was a normal wreck, the bicycle would not have made it that far down. So some sort of human intervention like throwing it from the road or someone taking it down there had to have happened.

This helps us to limit what possibly happened to her.

Can you provide a link for this TD video?

 

[Hatfield]

Can you provide a link for this TD video?

I dont think that is allowed here but can easily be found by googling his name with word youtube after his name. Once on YT, the most recent one that mentions bicycle found.

 

[Seattle1]

I think it was absolutely clear that SM intended to sell. Before going missing. Otherwise, the court would not have approved the sale to go through.

Sellers sign numerous documents before escrow can open - Listing agreement, Disclosure forms, various compliance forms, and sellers must agree to negotiated price and contingencies with the buyer. I'd bet @kkdj has much more to list. I'm only going by my past experience and memory as a seller and buyer of our homes.

Then, typical escrow lasts 30 to 45 days. If cash sale, less than two weeks.

SM had to be around to do all those pre-escrow stuff. I really don't think the guardianship judge would give permission for the sale to go through otherwise.

Really, the only thing we know is that BM wants to sell property jointly owned by SM. The property is not identified, but according to the petition, needs to be sold. Anything else is speculation or assumption.

 

[Hatfield]

This is just how investigations go. I’d expect a hell of a lot more waiting, and little to no information for a while.

I’m hoping we see developments in weeks, and not months, but I would bet on it being months.

If they are searching locations of interest for her body, it’s possible they have managed to keep it a secret.

She could be anywhere though.

Yeah Ive been trying to think of what anyone could have done with her and unfortunately this is another Colorado case which gives plenty of remote options.

The good thing is there was a fire ban in place but then again that probably would not stop a murderer from disobeying fire laws.

I hope LE can find her or her remains soon.

 

[AugustWest]

I see quite a bit of angst regarding the guardianship issue. I understand the concerns, but I wanted to assure you all that the UAGPPJA (Uniform Guardian Act, for short) is very good law.

One of the primary concerns I see voiced here is that the laws of Indiana (and Colorado, for that matter) encourage "forum shopping." The reality is quite the contrary; uniform laws were created with the explicit goal of facing this matter. The reasoning: "Why would I choose State A over State B when the laws are essentially the exact same in both instances?" This rationale lead 47 states to choose to modify their guardianship laws to this universal language, to actually discourage forum shopping. The language and rationale is exactly the same as the uniform laws on child custody matters, which have been adopted everywhere other than Massachusetts.

I also see some concern over due process issues, i.e. notice and opportunity to be heard by those who would oppose the guardianship. The UAGPPJA also provides for this, requiring notice regarding guardianship hearings, as well as a provision requiring State A to contact State B to determine which forum would be best for all parties involved. And this makes sense; where would more people live that would be in opposition to a guardianship? In State A, where no significant amount of people know the respondent's (Ms. Morphew) wishes, or in State B, where the majority of her friends, family and acquaintances live?

Irrespective of Mr. Morphew's culpability, I feel compelled to stick up for the UAGPPJA. It discourages "granny snatching," which was a very real issue prior to its overwhelming adoption, one that I faced quite a bit (and still do) in my work. All laws have shortcomings, as they can't predict every wild fact pattern. However, I have no doubt that the district judge in Indiana is honorable and qualified to make a decision on this matter; he wasn't endorsed by his peers and elected for nothing.

I'll leave this with an article with a fact pattern that might, if not change minds, at least add understanding regarding the laws of Indiana, Colorado, and 45 great other States:

Interstate Guardianship Issues

P.S. Sorry for the longcat/TLDR!

 

[brooks]

Why hasn’t LE given any updates? Zip nada nothing. What could be going on? I just hope this case does not go cold. Are the searches over? No word from any locals except the youtuber this is so odd.

I have the same questions. It appears LE only searched for a few days after SM went missing in addition to removing concrete. IMO, the majority here are barking up the wrong tree - I don't think BM had anything to do with her disappearance. Too bad we can't use our experience to sleuth some additional theories to help find SM.

 

[pocketaccent]

Correct. A Contract was done last May but not a normal
purchase Contract. And no one recorded the contract. There was NO DEED because the
sale was not completed, til the contingency was
satisfied. Probably for new financing. The new buyers were young professionals setting up their own business and most likely did not have proper financials to qualify for a new mtge. for a certain period of time. Now they can qualify because they've been in business for a year and probably have adequate income to qualify.

In your example, if the new buyer is merely refinancing with another mortgage bank, then BM had no choice but to seek for a guardianship, that is if SM/BM did seller-financing for the buyer and BM now has to do deed transfer or whatever that needs to be done after the buyer pays off the mortgage balance to SM/BM.

Though I think the 'guardianship property' is not their former home, but another rental property they jointly owned. My assumption based on the article below.
----------------------------------
Barry Morphew files for guardianship of missing wife Suzanne Morphew
"A member of Suzanne Morphew’s family who spoke on the condition of anonymity said that Barry and Suzanne owned multiple rental properties in Indiana, and said they recalled Suzanne saying that the couple was planning on selling at least one of them. The family member said they were unaware of Barry Morphew’s petition for guardianship when CrimeOnline asked them to comment on the matter."