Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #46

[MrsWatson]

"Show me the money".
Cuba "Groper" Gooding, Jr
Jerry McGuire

 

[Madeleine74]

Serious question for those who are struggling with the whole financial side of the equation -- (the guardianship, the law that allows a spouse to be granted guardianship, the ability to sell assets that were jointly owned):

Given that SM is (likely) deceased and given that she's never coming back because of that, where exactly would you like her assets to go? To whom? In what form?
Who should have possession/ownership of the house? Should they be able to sell that house? And if yes, where should the money be placed? In whose control?

 

[ivegotthemic]

sorry for the confusion, theres a whole formuala and math is hard so imma just let the statute explain it

29-3-8-6.5 Guardian possession and severance of property jointly owned with rights of survivorship; election to receive property from protected person's estate
Currentness
Sec. 6.5. (a) If:
(1) a guardian takes possession of property that is:
(A) jointly owned by or titled in the names of the protected person and another person with rights of survivorship; or
(B) owned as a multiple party account with another person as joint owner or beneficiary;
(2) the guardian:
(A) severs the joint ownership of the property; or
(B) uses the assets of the multiple party account; and
(3) the protected person subsequently dies while the other person is living;

the other person may elect to receive from the protected person's estate property in an amount determined under subsection (b).
(b) The amount of property the other person described in subsection (a) may elect to receive is determined in STEP THREE of the following formula:
STEP ONE: Subtract:
(A) the value of the severed or used property retained by the other person at the time ownership was severed or used, if any; from
(B) the value of the joint property or multiple party account at the time ownership was severed or the assets were used.
STEP TWO: Divide:
(A) the remainder determined under STEP ONE; by
(B) the value of the protected person's property, including the jointly held property or multiple party account, at the time ownership was severed or the assets were used.
STEP THREE: Multiply:
(A) the quotient determined under STEP TWO; by
(B) the value of the deceased protected person's net estate.
(c) As used in this section, “multiple party account” refers to both multiple party accounts described by IC 32-17-11 and transfer on death transfers completed under IC 32-17-

 

[MrsWatson]

Serious question for those who are struggling with the whole financial side of the equation -- (the guardianship, the law that allows a spouse to be granted guardianship, the ability to sell assets that were jointly owned):

Given that SM is (likely) deceased and given that she's never coming back because of that, where exactly would you like her assets to go? To whom? In what form?
Who should have possession/ownership of the house? Should they be able to sell that house? And if yes, where should the money be placed? In whose control?

Interesting question@Madeleine74.

I think until she is legally declared dead, seven years in CO?, they should be held in an interest-bearing trust account that can't be used for anything. Then, guessing she had a will, having been through two bouts of cancer, her will should be followed and the funds used accordingly. If she has left half her estate to BM, well, a lot can happen in seven years. The monkey could talk to a king.

MOO

 

[LietKynes]

I totally understand how it’s hard to imagine how anyone could do that to “the love of their life” but, believe me, there are other Chris Watt’s out there. The depravity of some individuals is always surprising, too many to name that are fairly recent come to mind. MOO

I think we’ll be surprised when the arrest affidavit is eventually released...
MOO.

bbm
Agreed.

I remember AM saying words to the effect of, LE are (paraphrased) "...wanting to fill the envelope a bit more, before sealing it".
That gave me so much hope that LE have much they're not revealing and they know who their man is.
And I'd not be surprised if AM knows more than he's letting on.
I do not believe he'll do anything to sabotage this investigation.

My heart goes out to the Moorman family and Suzanne's children.
Good god what a difficult position to be forced into -- support your remaining parent or break away and demand justice !
At least if in prison, the perp can still have visits and phone calls and care packages.
Suzanne's voice and face are possibly stilled forever.
So unfair.
IMO

 

[Murphy1950]

it would be good to see the orders in the guardianship to see if there were any restrictions on the closing proceeds - my guess? nope, and all the money is accessible to him freely with none set aside for SM.
JMO

ITA in reality we all know Suzanne did not have a paying job for over 20 years, so other than inheritance's along the way, Barry was their source of money. Provided that's the case, I'd be surprised if they restrict him much.

 

[ivegotthemic]

§ 2:98. Powers and duties relating to property

A guardian must take possession of the protected person's property, but the title to the property remains in that individual subject to the right of the guardian to possess and dispose of the property as provided by law. The interest of the protected person in guardianship property is not transferable or assignable by the protected person. Any such attempt to transfer, though ineffective to affect property rights, could generate a claim against the protected person's estate [Indiana Code § 29-3-7-5(b)].

The guardian must invest and reinvest the property of a protected person in accordance with the power vested in trustees [Indiana Code § 29-3-8-4(3); as to the powers and duties of trustees, see Chapter 3]. The guardian may sell [Morris v. Goodwin, 1 Ind. App. 481, 27 N.E. 985 (1891)] or exchange [Nesbit v. Miller, 125 Ind. 106, 25 N.E. 148 (1890)] the lands of the ward. In dealing with guardianship property, a guardian is charged with the duty of exercising a standard of care and conduct applied to trustees.

The guardian must protect and preserve the incapacitated person's property and secure any orders needed to protect the property. The guardian must conserve the property of the protected person which is not needed to provide for the protected person's current needs [Indiana Code § 29-3-8-3(3)].

The guardian should provide all banking institutions with the Letters of Guardianship as well as brokerage firms or mutual fund companies in order to facilitate the designation of these accounts being held in the guardianship. The accounts should be retitled as follows: “Guardianship of [name incapacitated person], [name guardian] Guardian.” See §§ 2:114 et seq. for letters of direction from the guardian and correspondence letters from the attorney with regard to the transferring of assets into the guardianship name.

A guardian has the power to bind any or all of the guardianship property in a transaction for the benefit of the protected person and has all the powers conferred upon trustees and unsupervised personal representatives [Indiana Code § 29-3-8-4(9)].

The guardian may secure the appointment of a guardian in any other state when needed with respect to any part of the guardianship property and confer upon that guardian all guardian powers with respect to the property [Indiana Code § 29-3-8-3(4)]. The guardian must continue any business of the protected person according to rules for continuing the business of a decedent [Indiana Code § 29-3-8-3(5); as to the operation of a decedent's business by a personal representative, see Chapter 9].

 

[Chingaling]

I just can't imagine anyone being able to do such a thing with someone they once loved, the mother of their children. That level of depravity is so next level. I do think a certain someone is responsible but I struggle to imagine the elk wrapping or wood chipper scenario. I think we will read blunt trauma to the head and buried a few miles from home. JMO

I vote for strangulation/broken neck

 

[lonetraveler]

I thought it was reported that they were on a camping trip with a group from their church? I'm looking but can't find the source for that, so maybe I'm wrong??

Don't remember it being with a church group.

 

[oviedo]

They owned the property as H & W and if they put the proceeds into an account with both of their names on it that would seem to give him carte blanche.

Would/could the judge who awarded BM guardianship provide for SM's share of the proceeds to be held in a trust account? There was nothing on record that they were separating or divorcing. IDK, troubling.

MOO

In my state, that's called a "locked" account in the Ward's name. The guardian has to have their attorney petition the court for every single transaction they want to use the locked account for. Even to pay the attorney fees - the court does a good job of supervising these accounts IMO and the banks absolutely will not release that money without a signed court Order spelling out who to pay and what amount. There would have been a petition for a locked account in my state - judge's don't like us combining everything in the Petition for Guardianship. By the looks of the docket - I don't see a separate Order so again, my guess is there were not restrictions placed on the proceeds from the sale in June. IMO. I would also like to note, that the last time I checked, there was no additional docket items in the IN guardianship. So this means IMO, he freely listed the marital home for sale with the intent on closing without his wife and conveying the deed with his IN guardianship letters.

I haven't checked Chaffee County to see if there is a CO guardianship opened recently - last time I checked was early September.
JMO

 

[imakittykittykittyimacat]

Us too although I did draw the line at the tire changing since our roadside insurance is less than $3 a month and mine seem to habitually lock their keys in their cars - for me the health care surrogate was most important when they went to college - I’m already on all their bank accounts - but I will probably do DPOAs as a college graduation gift - aren’t I nice ? All kidding aside people really don’t know how bad it can be should their loved one become unable to act - I take too many calls from adult children who call about their parent being diagnosed with dementia or worse - it’s too late
JMO

This just inspired me to make a quick note and sign it designating a particular child as POA until my death. Certainly not official, but enough and placed in a secure location. Just in case.

 

[Orso49]

In the Hamilton County newspaper it was reported that Suzanne did work as a teacher:
POSTED BY: THE REPORTER MAY 15, 2020

A massive search effort is underway in Maysville, Colo., for Suzanne Morphew, an Indiana native who worked at Hamilton Heights Middle School between 1995 and 1999.

Morphew, 49, a cyclist and mother of two, did not return from a bike ride on Mother’s Day, according to the Chaffee County Sheriff’s Office. A Facebook page, Find Suzanne Morphew, has been created in an effort to collect information that could aid in search efforts.

In addition, a $200,000 reward is being offered by Morphew’s husband and a family friend for “her safe return, no questions asked.”

Law enforcement entities across Colorado along with the Colorado Bureau of Investigation, FBI, friends, family and the community are involved in the search. Anyone with information into the disappearance of Morphew is asked to call the tip line at (719) 312-7530.

She also substituted in Colorado.

 

[Orgona]

In the Hamilton County newspaper it was reported that Suzanne did work as a teacher:
POSTED BY: THE REPORTER MAY 15, 2020

A massive search effort is underway in Maysville, Colo., for Suzanne Morphew, an Indiana native who worked at Hamilton Heights Middle School between 1995 and 1999.

Morphew, 49, a cyclist and mother of two, did not return from a bike ride on Mother’s Day, according to the Chaffee County Sheriff’s Office. A Facebook page, Find Suzanne Morphew, has been created in an effort to collect information that could aid in search efforts.

In addition, a $200,000 reward is being offered by Morphew’s husband and a family friend for “her safe return, no questions asked.”

Law enforcement entities across Colorado along with the Colorado Bureau of Investigation, FBI, friends, family and the community are involved in the search. Anyone with information into the disappearance of Morphew is asked to call the tip line at (719) 312-7530.

She also substituted in Colorado.

@Orso49 , where do you see that she substituted in Colorado? The School mentioned above is in Arcadia, Indiana and she worked there between 1995-1999. Have I just missed an other news article? It’s possible of course.

Former Heights teacher missing in Colorado – Hamilton County Reporter

Middle School / Homepage

Not that it would make any difference in her disappearance.

 

[charminglane]

So BM should have a freezer full of elk meat.

 

[TIGER0822]

Why would Barry buy a home with: "The 2 Environmental Hazards are high potential risk of radon and high exposure risk of UV Index." Especially since his wife is still being treated for cancer? Would this have been disclosed to Morphews before buying the home?

I don’t know the area. In NH most houses havehigh radon level. You install a mitigation System and that takes care of it.

 

[nyvictoria]

He just can’t stay quiet. It’s the surest sign of a guilty conscience.

 

[10ofRods]

@Orso49 , where do you see that she substituted in Colorado? The School mentioned above is in Arcadia, Indiana and she worked there between 1995-1999. Have I just missed an other news article? It’s possible of course.

Former Heights teacher missing in Colorado – Hamilton County Reporter

Middle School / Homepage

Not that it would make any difference in her disappearance.

Puts her, statistically, in a different risk category. I am of the belief that Suzanne had not worked outside the home since 1999.

Women who are financially dependent on their husbands are more likely to be victims of DV. In this who-dunnit, I'm relying a lot on statistics, frankly. If Suzanne played an essential role in BM's business matters, we haven't heard about that, but she'd still have been dependent upon him.

We have heard, though, that he was controlling and made most of the decisions. That's worrying.

 

[10ofRods]

Don't remember it being with a church group.

There has never been any substantiated "church group" involved. There are two MSM versions: daughters were in Idaho camping, and the other (from AM, I believe, through PE), daughters, their boyfriends, and aunt were in Idaho (possibly also BM's mom).

PE should really ask someone in Salida to speak on this issue, as someone must know who went. Maybe everyone has clammed up. But the different versions posted by family members on SM include even more spins - so I'd say we just don't know who went, but never has a church group been mentioned by MSM or Andy. that I know of - would love to see the link if there is one.

 

[155etta]

That would line up with “I was doing a mechanical thing.” Oh plz no, for The sake of SM family. You would think a landscape contractor would have one in their tool yard.

I don't believe BM would ever have the stomach for that. MOO.

 

[jakat]

God bless that mans future attorney, they will certainly have their work cut out for them and for some reason I get the vibe hes going to be the type of client that totally disregards the advice given to him, no matter how many times its repeated. Although, the legal nerd in me would love to see any future potential litigation in person.

I was lucky enough to sit in on most of ex-Michigan State gymnastics coach Kathie Klages (she helped cover for Larry Nassar) pre-trial and trial proceedings and her attorney, Mary Chartier, was impressive. Watching her was like watching live theatre. It was inspiring, she makes litigation an art form. I hope Im half as good one day

I can tell you already are as good as, if not better than Mary Chartier! Good luck in school!