Found Deceased TX - Michael Chambers, 70, Hunt County, 10 March 2017 #5

[Razz]

I agree it was half hers. She could divorce and have half his pension and half of the DROP, unless she felt she would not get half based on him proving adultery. As it is she still gets half the pension but all of the DROP to spend however she wants. Many of those DROP accounts have $1MM and more. Even an average one is several hundred thousand.

Why would she get the entire Drop?
Isn't that the reason MC had an estate. Wouldn't his half of the drop go into his estate for 7 years?

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[inmyhumbleopinion]

I think that she seriously did not want to change her lifestyle to be a loyal wife, mother and grandmother. Whether she wanted a divorce I don't know but I don't think MC would have accepted an open marriage. With him present she would have to live out there with the cars, car shows and family focus. I don't hear much that sounds like she wanted that. And she had to take and use the pension and the money in the DROP in accordance with how MC wanted or how they agreed. With him gone she can sell that place, the cars and move closer to her work and partying but more importantly she has at worst half his pension which is 90% of what he earned in his highest years. But most of all she has full control of the DROP to take exactly how she wishes without any disagreement from him. She can take a lump sum, or a monthly amount equal to his original pension or several large equal amounts.
As a footnote, in 2015 the average DROP had $422,000. Many have MUCH more.
Is it a coincidence that just as he turned the age at which he must start taking money from the DROP he "disappears"? Had they disagreed for years on how to take it and how to spend it? Just because he was considerate and indulgent in some things doesn't mean he would agree to everything. And his idea of indulging and hers might have been different. He may have thought the Mustang was the coolest thing he could get her and she may have hated it and wanted a new BMW. He may have thought the best thing to do with the DROP was pay off the mortgage and establish college funds for the grandkids and she may have wanted a bigger house in Greenville on the golf course. I think it's safe to say they were not on the same page with life priorities. Either way now she has it all.

RBBM

Yep, that, I’ve wondered about, too.

MC’s DOB: Nov. 27, 1946

MC’s official date of death: May 26, 2017

So, on the day he “died,” he was 70 years, 5 months and 29 days old.

Yet, BC’s “Application for Probate of Will and Issuance of Letters Testamentary” reads:

“Circumstantial evidence, sufficient to support this Court’s conclusion that Decedent is dead and that his death occurred on March 10, 2017 in Hunt County, Texas at the age of 70, will be submitted at the hearing on this application pursuant to Section 454.002, Texas Estate Code.”

Sec. 193.003. of Texas Health and Safety Code reads:

“TIME AND PLACE FOR FILING DEATH CERTIFICATE. (a) Not later than the 10th day after the date of a death that occurs in this state, a death certificate shall be filed with the local registrar of the registration district ....”

So had the hearing in which the judge ordered MC be declared deceased taken place even a day later, I suppose he would have been considered to have turned 70 and a half.

I’m not sure exactly all of this means (and it may very well be nothing). Just something I noticed.

familytreenow.com

idocket.com

idocket.com

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.193.

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[Razz]

RBBM

Yep, that, I’ve wondered about, too.

MC’s DOB: Nov. 27, 1946

MC’s official date of death: May 26, 2017

So, on the day he “died,” he was 70 years, 5 months and 29 days old.

Yet, BC’s “Application for Probate of Will and Issuance of Letters Testamentary” reads:

“Circumstantial evidence, sufficient to support this Court’s conclusion that Decedent is dead and that his death occurred on March 10, 2017 in Hunt County, Texas at the age of 70, will be submitted at the hearing on this application pursuant to Section 454.002, Texas Estate Code.”

Sec. 193.003. of Texas Health and Safety Code reads:

“TIME AND PLACE FOR FILING DEATH CERTIFICATE. (a) Not later than the 10th day after the date of a death that occurs in this state, a death certificate shall be filed with the local registrar of the registration district ....”

So had the hearing in which the judge ordered MC be declared deceased taken place even a day later, I suppose he would have been considered to have turned 70 and a half.

I’m not sure exactly all of this means (and it may very well be nothing). Just something I noticed.

familytreenow.com

idocket.com

idocket.com

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.193.

Sent from my iPhone using Tapatalk

I wish the family had hired an attorney from the git go. I remember one of the local county attorney's represented MC's estate.

I am hoping Klein can help with this and hopefully he has advised them on which direction they need to take.

Does the oldest son have knowledge on what happened? Was he the one who accompanied BC to the attorney's office? Is he, at the current time, asking questions too. Does he feel his Dad met a bad end? Does he think his mother had something to do with MC's death?

I am interested in the DROP situation.
I can't imagine that half of the lump sum wouldn't go to MC's estate. At the end of 7 years she's going to get it all anyway. She'll be 70 by that time and probably on to a new boyfriend.

Had she divorced him, she would have had her portion of the money much sooner.

Would MC have fought her tooth and nail for reducing her settlement because of the affairs?

So, is it worth it to have your husband murdered so in 7 years you can collect the rest of MC's share of assets, or better to divorce him and receive half the assets now?

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[Midge Montana]

Someone can correct me if I’m wrong, but doesn’t she only have to wait 2 years to cash in his half?

 

[inmyhumbleopinion]

I wish the family had hired an attorney from the git go. I remember one of the local county attorney's represented MC's estate.

I am hoping Klein can help with this and hopefully he has advised them on which direction they need to take.

Does the oldest son have knowledge on what happened? Was he the one who accompanied BC to the attorney's office? Is he, at the current time, asking questions too. Does he feel his Dad met a bad end? Does he think his mother had something to do with MC's death?

I am interested in the DROP situation.
I can't imagine that half of the lump sum wouldn't go to MC's estate. At the end of 7 years she's going to get it all anyway. She'll be 70 by that time and probably on to a new boyfriend.

Had she divorced him, she would have had her portion of the money much sooner.

Would MC have fought her tooth and nail for reducing her settlement because of the affairs?

So, is it worth it to have your husband murdered so in 7 years you can collect the rest of MC's share of assets, or better to divorce him and receive half the assets now?

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RBBM

She only has to wait 3 years:

“Sec. 454.004. DISTRIBUTION OF ESTATE. The personal representative of the estate of a person presumed dead may not distribute the estate to the persons entitled to the estate until the third anniversary of the date the court granted the letters under Section 454.002.” (BBM)

http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.454.htm

For example:

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[Razz]

RBBM

She only has to wait 3 years:

“Sec. 454.004. DISTRIBUTION OF ESTATE. The personal representative of the estate of a person presumed dead may not distribute the estate to the persons entitled to the estate until the third anniversary of the date the court granted the letters under Section 454.002.” (BBM)

http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.454.htm

For example:

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I wonder how she knew about this? Is she that smart? Is the boy friend that smart.

Well okay, I'd take 1/2 now and wait 3 years to take the other half.

Hmmm. Don't know why I thought 7 years. Yes, the 3 years could be a game changer.

I recall you were concerned that MC met with the Drop Board and you wondered what was discussed. What do think they talked about, hypothetically?



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[inmyhumbleopinion]

I wonder how she knew about this? Is she that smart? Is the boy friend that smart.

Well okay, I'd take 1/2 now and wait 3 years to take the other half.

Hmmm. Don't know why I thought 7 years. Yes, the 3 years could be a game changer.

I recall you were concerned that MC met with the Drop Board and you wondered what was discussed. What do think they talked about, hypothetically?

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RBBM

What would happen to the remaining DROP balance or how much her monthly pension payout would be upon BC’s death, perhaps? I’m not really sure. I just thought the timing of the meeting was curious in that, according to our VI, happened in the early part of last year, before MC went missing.

I also think it’s possible BC didn’t realize that she would have to wait three years to get MC’s half: Maybe she (erroneously) assumed she would get the entire estate right away.

 

[Razz]

RBBM

What would happen to the remaining DROP balance or how much her monthly pension payout would be upon BC’s death, perhaps? I’m not really sure. I just thought the timing of the meeting was curious in that, according to our VI, happened in the early part of last year, before MC went missing.

I also think it’s possible BC didn’t realize that she would have to wait three years to get MC’s half: Maybe she (erroneously) assumed she would get the entire estate right away.

Or possibly...he wanted to reassure himself that BC would get the full benefits if he, MC were to die?

Please don't get mad..... but what if he was planning his death then and wanted to reassure himself that she would be set for life if he passed away.
And maybe he asked what would happen if he disappeared or commited suicide. Would that change the terms?

If he was concerned about her unfaithfulness at the time, why didn't
he change his Will?

Also, if his death was planned by BC,
shouldn't BC be shaking in her boots?
I mean those who may have hurt him could easily turn around and make her disappear. If they killed once, they could do it again.

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[inmyhumbleopinion]

Or possibly...he wanted to reassure himself that BC would get the full benefits if he, MC were to die?

Please don't get mad..... but what if he was planning his death then and wanted to reassure himself that she would be set for life if he passed away.
And maybe he asked what would happen if he disappeared or commited suicide. Would that change the terms?

If he was concerned about her unfaithfulness at the time, why didn't
he change his Will?

Also, if his death was planned by BC,
shouldn't BC be shaking in her boots?
I mean those who may have hurt him could easily turn around and make her disappear. If they killed once, they could do it again.

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No worries! I won’t get mad .

I suppose it’s possible MC asked the pension board rep something like, “I’m worried about a friend. He has been talking about disappearing or committing suicide. What would happen to his benefits if he did that?”

Possible, but not probable, IMO.

As far as changing the will, perhaps he was disappeared before he had the chance to. Maybe he threatened to do that, as well as to file for a divorce, and this put something into motion very quickly.

Is BC afraid whomever she might have hired might come after, too? If you are going to plan a murder, that’s a risk you have to take, IMO.

 

[inmyhumbleopinion]

RBBM

What would happen to the remaining DROP balance or how much her monthly pension payout would be upon BC’s death, perhaps? I’m not really sure. I just thought the timing of the meeting was curious in that, according to our VI, happened in the early part of last year, before MC went missing.

I also think it’s possible BC didn’t realize that she would have to wait three years to get MC’s half: Maybe she (erroneously) assumed she would get the entire estate right away.

I’m sorry to quote my own post: I ran out of time to edit, but wanted to add the following:

ETA: Once MC’s body is found, BC no longer has to wait to take his half.

Even if for nothing else, wouldn’t she still want him recovered for this reason, especially if her finances are as dire as she says? So why isn’t she looking?

Our VI said there was no life insurance, but she also cited a couple of instances where BC told her one thing and posted on FB another (i.e., BC told VI she had asked MC to get her mascara while she got ready for work that morning, then posted on FB she had left a tube of mascara on the counter for two days, so as to let him know she needed a new one).

It’s still possible there was life insurance, IMO. As long as BC is the designated beneficiary, there is no need to divvy up the proceeds, since the policy wouldn’t be part of MC’s estate. She gets the entire payout right away.

 

[Razz]

I’m sorry to quote my own post: I ran out of time to edit, but wanted to add the following:

ETA: Once MC’s body is found, BC no longer has to wait to take his half.

Even if for nothing else, wouldn’t she still want him recovered for this reason, especially if her finances are as dire as she says? So why isn’t she looking?

Our VI said there was no life insurance, but she also cited a couple of instances where BC told her one thing and posted on FB another (i.e., BC told VI she had asked MC to get her mascara while she got ready for work that morning, then posted on FB she had left a tube of mascara on the counter for two days, so as to let him know she needed a new one).

It’s still possible there was life insurance, IMO. As long as BC is the designated beneficiary, there is no need to divvy up the proceeds, since the policy wouldn’t be part of MC’s estate. She gets the entire payout right away.

Well, if she is after the money, and she knows who hurt MC, I'd think she'd be doing some serious leaning on that person to find his body. Imo this gives more credence that she wasn't involved.

And I don't think she'd be especially welcomed at searches. And as far as I know, are there any searches planned? Does anyone know?

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[nannymo]

She was very firm telling PE that “he wasn’t coming back.” So A: she knows what happened because....
B: she knows what happened because ...

You can fill in the blanks however you choose. But if you know suicide is the answer for a fact- 100%, id tell it no matter who disagreed for the sake of my own name. For BC to state those words, she knew he was gone. If it was at the fate of himself .. how did she know? If that evidence is there and can clear you, as the wife why not state it ??! If it’s not suicide then what it is that she is so firm on him being gone ? Clearly she knows something and if you know your not guilty of any crime or why would you not state the facts ?????

First of all, let me state I am NOT taking up for BC......but I have been married to my dh for 47 years and if I came home and could not find him for 24 hours I would know he was hurt, lost or dead because he would never leave and not come home. We know where each other is 24/7.

I can see BC saying he's not coming back because she knows him that well........

It's all the other things she has (or has not done) that makes me suspicious of her actions and knowledge of more. JMO

 

[nannymo]

Well, maybe she did to the SO and felt further explanation to the family (did anyone ask?) wasn't necessary . I don't know. I'm not sure she knew it at first.

But the SO believes it to be a suicide.

I would like to know what evidence SM
gave to the family that he felt proved
that it was a suicide.

And obviously it didn't or they wouldn't still be saying it was not.

That is why I am anxious to see Klein's report.

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I am interested in seeing what the "Disappeared" show comes up with also. They don't usually do shows on people when there is sufficient evidence they committed suicide do they?

 

[liltexans]

I am interested in seeing what the "Disappeared" show comes up with also. They don't usually do shows on people when there is sufficient evidence they committed suicide do they?

I think it depends. One example is Macin Smith. He may have gone into the desert (or somewhere) to commit suicide, but the family and LE are not sure. They did a show on him. But in Macin's case, there have been supposed sightings since he disappeared. None of them have panned out, but people do report thinking they have seen him. That's one of the many disturbing things about Michael's disappearance. We haven't heard of any sightings since the day he disappeared. He's a pretty distinctive looking man; I think he would be noticeable.

 

[nannymo]

I don't believe MC is alive. I think he is in the lake, but not by his own hand. Not sure whose tho! I just think if he had committed suicide he would have made it where his body was found. JMO

 

[ocgrad]

I’m sorry to quote my own post: I ran out of time to edit, but wanted to add the following:

ETA: Once MC’s body is found, BC no longer has to wait to take his half.

Even if for nothing else, wouldn’t she still want him recovered for this reason, especially if her finances are as dire as she says? So why isn’t she looking?

Our VI said there was no life insurance, but she also cited a couple of instances where BC told her one thing and posted on FB another (i.e., BC told VI she had asked MC to get her mascara while she got ready for work that morning, then posted on FB she had left a tube of mascara on the counter for two days, so as to let him know she needed a new one).

It’s still possible there was life insurance, IMO. As long as BC is the designated beneficiary, there is no need to divvy up the proceeds, since the policy wouldn’t be part of MC’s estate. She gets the entire payout right away.

The only way there isn't life insurance is if he let the policy lapse after retirement. Or if it was one he could cash out. I have a hard time believing either of those possibilities if he loved his wife and family as people have said he did. But she doesn't have to tell anyone if there was.

 

[ocgrad]

I wish the family had hired an attorney from the git go. I remember one of the local county attorney's represented MC's estate.

I am hoping Klein can help with this and hopefully he has advised them on which direction they need to take.

Does the oldest son have knowledge on what happened? Was he the one who accompanied BC to the attorney's office? Is he, at the current time, asking questions too. Does he feel his Dad met a bad end? Does he think his mother had something to do with MC's death?

I am interested in the DROP situation.
I can't imagine that half of the lump sum wouldn't go to MC's estate. At the end of 7 years she's going to get it all anyway. She'll be 70 by that time and probably on to a new boyfriend.

Had she divorced him, she would have had her portion of the money much sooner.

Would MC have fought her tooth and nail for reducing her settlement because of the affairs?

So, is it worth it to have your husband murdered so in 7 years you can collect the rest of MC's share of assets, or better to divorce him and receive half the assets now?

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I do not believe the DROP would be subject to 3 yrs. It is a non-probate asset as we can see from the inventory. A judge declared him dead and provided the letter testamentary, that is all she would need to have full control of the DROP. Only his probate assets must be held for 3 yrs. Things like 401K, IRA, insurance are non-probate assets.

 

[Razz]

I do not believe the DROP would be subject to 3 yrs. It is a non-probate asset as we can see from the inventory. A judge declared him dead and provided the letter testamentary, that is all she would need to have full control of the DROP. Only his probate assets must be held for 3 yrs. Things like 401K, IRA, insurance are non-probate assets.

When will they release the drop to her?

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[ocgrad]

When will they release the drop to her?

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I believe it must already be in her name. She can do a lot of things with it, take a lump sum, or have monthly distribution or large regular payments or let it ride so as not to be suspicious and continue to behave like a person having financial difficulties a while longer.

 

[momrids6]

First of all, let me state I am NOT taking up for BC......but I have been married to my dh for 47 years and if I came home and could not find him for 24 hours I would know he was hurt, lost or dead because he would never leave and not come home. We know where each other is 24/7.

I can see BC saying he's not coming back because she knows him that well........

It's all the other things she has (or has not done) that makes me suspicious of her actions and knowledge of more. JMO

I'm with you. Transparency, no matter how difficult, and even if people disagree, is a must. After almost 30 years together, I know my husband like the back of my hand. If I had to go to court to keep the bills paid and "I knew" ( or even if I didn't- but needed the declaration to keep a roof over my head while searching for him ) - I would be sure to include all my children. My marriage is a traditional one, in the sense I stayed home and raised the kids- my job now wouldn't cover my mortgage, and we have 2 in college. Yes- plenty of insurance- but without a death certificate I couldnt touch it.