Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #12

[oviedo]

Bizarre. He was granted a temporary guardianship. (In many states it’s called a conservatorship if it’s an adult). So that’s odd because:

1. He has to have facts indicating some sort of incapacity in order to do so. It would have to come from a doctor, typically.
2. There is a consent form that was filed indicating someone in the family, or the missing woman, consented to it.
3. It appears that an order to sell property was granted, on an emergency basis. That is super rare. So there was some exigent circumstances stated that enabled that, two days after the petition was filed.
4. I’m not sure how the court has jurisdiction over SM the person. Because she doesn’t reside there. So I’m wondering if either it’s just a petition for guardianship of the estate that exists in Indiana, or they both claim dual state residence?

This is very bizarre. I’d love to see the papers. I don’t know how any of that is possible. How can she even be served when she lives in another state and is missing and why would they grant sale of property on an emergency basis like that.
Who consented?
What’s the emergency?

Exactly and adult daughter consented link upthread

 

[gitana1]

The document also states that Barry Morphew is requesting to sell real estate in Indiana on behalf of Suzanne, who is the joint owner of a property that is currently in contract and scheduled to close on June 6.
Barry Morphew files for guardianship of missing wife Suzanne Morphew

Maybe it was already in the works prior to Suzanne going missing? How will we ever know if that was the case?

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.

 

[Ontario Mom]

Bizarre. He was granted a temporary guardianship. (In many states it’s called a conservatorship if it’s an adult). So that’s odd because:

1. He has to have facts indicating some sort of incapacity in order to do so. It would have to come from a doctor, typically.
2. There is a consent form that was filed indicating someone in the family, or the missing woman, consented to it.
3. It appears that an order to sell property was granted, on an emergency basis. That is super rare. So there was some exigent circumstances stated that enabled that, two days after the petition was filed.
4. I’m not sure how the court has jurisdiction over SM the person. Because she doesn’t reside there. So I’m wondering if either it’s just a petition for guardianship of the estate that exists in Indiana, or they both claim dual state residence?

This is very bizarre. I’d love to see the papers. I don’t know how any of that is possible. How can she even be served when she lives in another state and is missing and why would they grant sale of property on an emergency basis like that.
Who consented?
What’s the emergency?

To read your questions the way you worded them, this is actually starting to make sense!
Now if you could just get to the bottom of this and explain the why of it all, we'd all appreciate it I'm sure.

 

[GordianKnot]

*DBM.

@Knox beat me to it.

 

[al66pine]

Guardianship petition. Which prop?

Is this guardianship just for the purpose of selling the home in Indiana? It reads specifically for selling real estate and lists one address.
This makes it feel as if BM is asking permission to the limited sale of this Indiana home which has been for sale. It does not ask for a full or complete guardianship of all of SM’s Possessions.

@1&2&3 Thanks for this.
Can someone quote exact sentence or paragraph w this? Or give us the link again to ct filings?
Or just advise whether this prop is the 10 acres w house, C-- C----- Rd? Thx in adv.

 

[LietKynes]

If that is really the case then im scared that Suzanne will never be found. He had probably alot of time. Jmo

Ita ! ^^^

Hence the removal of concrete and the sifting (that's what it looked like) of the dirt.
My god... they were looking for small pieces of evidence, imo.
Burned, pulverized ... or whatever.
Can you tell my wrath is rising ?
I think LE found some evidence very early on.
They knew.

This husband gives me a Scott Peterson vibe of arrogance and conceit.
As in --how dare we question his motives or actions ?
MOO

 

[curiousgene]

So this temporary guardianship-is it for the one property, or could he sell everything they own and head for the hills?

I guess it is for one property only. MOO

 

[TKG]

Ita ! ^^^

Hence the removal of concrete and the sifting (that's what it looked like) of the dirt.
My god... they were looking for small pieces of evidence, imo.
Burned, pulverized ... or whatever.
Can you tell my wrath is rising ?
I think LE found some evidence very early on.
They knew.

This husband gives me a Scott Peterson vibe of arrogance and conceit.
As in --how dare we question his motives or actions ?
MOO

100% agree!! ^^^^

 

[al66pine]

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.

 

[Leigh80]

I think most escrows take between 15 days (quick cash purchase) to 45 days. So it's possible SM and BM sold one of their rental properties before SM went missing, and BM now needs to finalize the sale.

That was my thought too. It took about two months, maybe a little longer, between putting in an offer to it closing.

 

[pocketaccent]

BBM:

There's a permanent guardianship hearing scheduled for September.

This was just a stop-gap measure until then.

JMO.

If BM had SM's death certificate, then BM didn't need to seek a emergency guardianship to finalize the current sale of their jointly owned property. All he had to do was to present the Death certificate to escrow officer to clear the title of the property. I learned of this during the sale of Mom's home after my Dad passed. I think it's a simple process and happens a lot in the real estate world.

I'm guessing that BM is also seeking a permanent guardianship because he knows he won't have SM's death certificate for a long while. And he is thinking of selling some more properties in IN.

 

[Poedelini]

If BM had SM's death certificate, then BM didn't need to seek a emergency guardianship to finalize the current sale of their jointly owned property. All he had to do was to present the Death certificate to escrow officer to clear the title of the property. I learned of this during the sale of Mom's home after my Dad passed. I think it's a simple process and happens a lot in the real estate world.

I'm guessing that BM is also seeking a permanent guardianship because he knows he won't have SM's death certificate for a long while. And he is thinking of selling some more properties in IN.

So he then probably knows she will not be found. Jmo

 

[al66pine]

EUREKA (if not yet mentioned today. I'm waaay behind on reading today's posts).
When all else fails, read the statutory definition. Is missing/absentee status within scope of IN law’s definition of 'incapacitated'?

29-3.5-1-2 Definitions
(7) "Incapacitated person" has the meaning set forth in IC 29-3-1-7.5 with respect to an adult.

Sec. 7.5. "Incapacitated person" means an individual who:
(1) cannot be located upon reasonable inquiry;
(2) is unable:
(A) to manage in whole or in part the individual's property;
(B) to provide self-care; or
(C) both;
because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity; or
(3) has a developmental disability (as defined in IC 12-7-2-61)." rbm bbm ubm

--------------------------------------------------------------------------------------
Article 3 - GUARDIANSHIPS AND PROTECTIVE PROCEEDINGS
http://iga.in.gov/legislative/laws/2019/ic/titles/029#29-3
ARTICLE 3.5.UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

 

[MassGuy]

RSABBMFF (= Respectfully Snipped and Bolded By Me For Focus):

Wow, that sounds like a tremendous amount of work!

Fortunately, I know just the man for the job.

Any time I see the words "major colossal," "big-time" and "reading," one name immediately springs to mind:

That's right, you guessed it:

@MassGuy.

Please see above.

We have a tough assignment for you.
We need everything you can find on Indiana adult guardianship statues, property law, and interstate custody transferences.

Also, if you can research mountain cat abduction cases, that would be most helpful.

We're all counting on you.

Chop, chop!

TIA.

Normally I’d say “don’t hold your breath,” but in this case I’ll make an exception.

Aaaannndd start...

 

[wheatnotchaff]

If BM had SM's death certificate, then BM didn't need to seek a emergency guardianship to finalize the current sale of their jointly owned property. All he had to do was to present the Death certificate to escrow officer to clear the title of the property. I learned of this during the sale of Mom's home after my Dad passed. I think it's a simple process and happens a lot in the real estate world.

I'm guessing that BM is also seeking a permanent guardianship because he knows he won't have SM's death certificate for a long while. And he is thinking of selling some more properties in IN.

Regardless of whether he had anything to do with SM’s disappearance, I suspect his attorney/s advised him to petition for the permanent guardianship. It seems to me that gruesome as it may sound at this stage, it’s probably a practical thing to anticipate. That’s what we pay attorneys for ... to have our backs. Don’t forget he has two daughters that are not yet launched. If he’s cash poor (yes, this could be motive but, either way ...), being able to manage co-owned assets/properties without SM’s signature would be important. JMO

 

[oviedo]

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.

That’s exactly what I posted earlier and would be a redeeming quality to this whole process - @gitana1 all the lawyers in my office said there was no possible way he’d get Letters in IN with them living in CO and being missing but they were all wrong - I haven’t told them yet

 

[Seattle1]

BBM:

If this was just about getting emergency guardianship so that he could get that single deal done, we wouldn't be staring at court docs showing a pending September court date for "Permanent Guardianship," though.

So there's that.

JMO.

I 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

 

[Dave F.]

To read your questions the way you worded them, this is actually starting to make sense!
Now if you could just get to the bottom of this and explain the why of it all, we'd all appreciate it I'm sure.

I'm not trying to be a lawyer here, but we all know that the real estate listing websites reported a very recent sale of an Indiana property by both the husband and wife. Those sites usually report the sale when the initial offer is accepted, and there is lots more paperwork to be signed later. If that sale had begun, but was not yet completed for any reason, wouldn't completing the sale be urgent, and wouldn't her signature on the buy-sell agreement and/or messages of agreement to the realtor representing them in the sale from the wife before her diappearance constitute proof that the sale was her intention and in her best interests? IANAL

 

[DizzyB]

I’m not that disturbed by the guardianship if that is the only way to complete a transaction that was long in the works. It does show that BM is not consumed with only finding his wife. Life does go on. He definitely seems like a guy who can compartmentalize his life. My concern is where that money is going. Is 50% protected? Did they maintain separate accounts or were all funds intermingled?

 

[Lilypad13]

In the interest of fairness to Colorado cats, I feel the need to pass on the verified report that a young deer with antlers in velvet attacked a five year old boy in his back yard in Colorado Springs, and then came after investigating officers, just the day before yesterday.
5-year-old Colorado Springs boy attacked by a deer, animal put down

Oh my gosh! How awful! I was never afraid of deer before now. I could never hunt and kill a deer though...or any animal. Except snakes!