Found Deceased TX - Alan White, 55, seen leaving LA Fitness, Dallas, 22 Oct 2020 #3

[Valiant]

I know—I saw that, and that’s what I’m confused about. So you’re saying the reason the family member is shown as the grantee on the summary is because she’s a backup?

I think it's a logic flaw in the website program. The site is mainly to display deed information where there is a grantee and an grantor.
It's probably an automatic scan of some sort of the document.

 

[anonypotomous]

Link for Alan's new address?

Rusty's new condo with Alan's name also on the deed.

 

[Ontario Mom]

Rusty's new condo with Alan's name also on the deed.

This feels way too close to sleuthing family so, I'll just leave this one alone.

 

[anonypotomous]

This feels way too close to sleuthing family so, I'll just leave this one alone.

But you asked, so ..

 

[Sillybilly]

As long as the new deed info is obtained via direct sleuthing on the victim (i.e. not on the partner), it is allowed for discussion.

A reminder to please use initials for anyone other than the victim.

 

[happyday]

Both RJ and AW are on the new deed for the condo (Feb 5, 2021). But RJ is acting as attorney as fact for AW. So IMO RJ must still be hoping Alan will be coming home.

 

[Synergizer Bunny]

Rusty's new condo with Alan's name also on the deed.

Isn't Alan's name on the loan?

 

[Orgona]

I'm not sure where the idea any other family member is involved in the POA process came from.
The files POA document clearly states Alan appointed Rusty as his POA.

I don't know, but my bet is they had mutual POAs prepared at the same time.

I’m not sure either. It clearly says the husband’s name. And the other name on the POA document is the secondary person in case the husband is not able either to act in his name.

ETA: removed the attached picture because it included to much personal info.

 

[minneolo]

One other consideration:
Alan and his husband may have had a more complex POA / Medical Directives / etc. in place for many years as not all states would have given them spousal rights. I am unsure of the year of their marriage, but it appears they are a very long term couple. I don’t find the POA to be unusual in the slightest.

 

[Shamrock1]

One other consideration:
Alan and his husband may have had a more complex POA / Medical Directives / etc. in place for many years as not all states would have given them spousal rights. I am unsure of the year of their marriage, but it appears they are a very long term couple. I don’t find the POA to be unusual in the slightest.

I agree. I just see legal & financial sophistication. The rights limited to married couples can number into the hundreds (ex: taxes); re-creating many of those rights is quite complex. MOO.

 

[SimplyCass]

One other consideration:
Alan and his husband may have had a more complex POA / Medical Directives / etc. in place for many years as not all states would have given them spousal rights. I am unsure of the year of their marriage, but it appears they are a very long term couple. I don’t find the POA to be unusual in the slightest.

A quick search shows that same-sex marriage in Texas was only made legal in 2015 after the SCOTUS decision. Civil unions were also not recognized from 2005 to 2015.

Defense of Marriage Act (DOMA) was not overturned until 2013 so I'm not sure if AW and RJ could have (or would have) tried to get a marriage certificate in another state. Not too knowledgeable on how much same-sex couples could/tried to get the equivalent rights and protections as full marriage prior to 2015.

 

[Shamrock1]

Not too knowledgeable on how much same-sex couples could/tried to get the equivalent rights and protections as full marriage prior to 2015.

POA & health care directives are ways to achieve some of those rights. There’s been niche legal & financial industries specializing in that for decades. Think of marriage as 100 rights (it’s more). POA gets the couple 5 of those rights and health care directives gets another 5 - I’m just picking 5 at random.

 

[minneolo]

A quick search shows that same-sex marriage in Texas was only made legal in 2015 after the SCOTUS decision. Civil unions were also not recognized from 2005 to 2015.

Defense of Marriage Act (DOMA) was not overturned until 2013 so I'm not sure if AW and RJ could have (or would have) tried to get a marriage certificate in another state. Not too knowledgeable on how much same-sex couples could/tried to get the equivalent rights and protections as full marriage prior to 2015.

This is is my point exactly. Many same sex couples create POA / Medical Directives etc to replicate (as much as possible) the protections of marriage given the shifting legal landscape and variations in protections / recognitions state by state. For example, let’s say a couple is married in California but has a medical event while on vacation in Georgia - do their CA protections apply to medical treatment in GA?

I do not know that Alan and RJ had such an arrangement, but it is certainly possible - even likely. It is also quite possible these sophisticated legal / financial arrangements have been in place a long time.

MOO is that the POA has nothing to do with Alan’s disappearance and is instead a long standing situation between the couple.

 

[anonypotomous]

I never thought them having a POA was unusual. The only thing I found unusual is being able to sell using only a POA.

 

[Valiant]

I never thought them having a POA was unusual. The only thing I found unusual is being able to sell using only a POA.

It all depends on the rights given in the POA. Froma quick non-lawyer reading of the document it seems the POA does not withhold any rights.

 

[anonypotomous]

It all depends on the rights given in the POA. Froma quick non-lawyer reading of the document it seems the POA does not withhold any rights.

Withhold any rights? What rights? I'm honestly curious what rights those would be. Everyone I have talked to said use a POA you need to show proof of life. A POA is used for someone who is "incapacitated", but still physically present.

Unless, there is a special court order, and I'm not sure if that would be shown in the documents.

 

[rosesfromangels]

Withhold any rights? What rights? I'm honestly curious what rights those would be. Everyone I have talked to said use a POA you need to show proof of life. A POA is used for someone who is "incapacitated", but still physically present.

Unless, there is a special court order, and I'm not sure if that would be shown in the documents.

Here is some good basic information about POA in the state of Texas. To summarize, "it's complicated", but depending on what AW and RJ had in place, it could very well give RJ broad authorization to act on AW's behalf....*depending* on the provisions in the POA.

Powers of Attorney: Information and Answers

Amateur opinion and speculation

 

[Valiant]

Withhold any rights? What rights? I'm honestly curious what rights those would be. Everyone I have talked to said use a POA you need to show proof of life. A POA is used for someone who is "incapacitated", but still physically present.

Unless, there is a special court order, and I'm not sure if that would be shown in the documents.

If you look at the actual POA you will see the list of actions. None are crossed out (or limited).
A person need not be present for a POA to be executed. For example, when I bought my car, I signed a limited POA form allowing the dealer to do the title work without me being present. It is common for a POA to be used in a person's absence, though the circumstances are not always this mysterious.

My guess, and this is purely a guess, is that if these two created such an all encompassing POA in the even something happened to Alan that there is a reciprocal for his partner all accompanied by very detailed instructions and wills in the event one should die. I think they had plans to protect each other in place (the type married couples would already have had).

 

[Dallas Volunteer]

Thank you for your local info, I've no clue to TX geography.

Body Found in Trinity River Saturday Identified as Arlington Man

 

[anonypotomous]

I saw it explained on another forum and this makes a lot of sense:

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Ok so I dug a little deeper into missing persons and sale of property in Texas. The Morphew house was able to sell legally because the husband had guardianship appointed to him via the courts, first in another state (where they had other property) and then transferred to CO. So I looked up guardianship in Texas and in regards to missing persons. However, in Texas guardianships do not apply to missing persons, but receiverships do. I found some documentation specifically related to title insuring using receiverships and found this:


https://www.res-ipsa.com/seminars/TLTA-2016/Day1Materials/D_ReceivershipFINAL.pdf

If I am reading this correctly, a court appointed receivership would involve a third party, someone who is not personally vested in the case and acts in the interest of the missing person. AND would not necessarily appear on the paperwork or deed of sale of the property. A receivership appointed by the court would be all the proof the title insurance company would need to insure the title, and the deed would be signed as usual, as in the POA that RJ has.

Obviously I cannot confirm if this is what was used for the sale, but if it was would explain how the POA was used for the sale without proof of life.

This document outlining this process I linked is from 2016, so I’m not entirely sure if it is up to date, but the statute referred to under Texas law is current as in regards to receiverships and missing persons.

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