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

Status
Not open for further replies.
Correct, POA dies with person.
I do not know how it works if person is missing, but I would expect, legally, there would have to be a death certificate in order for the POA to become void. JMO
How can one have a POA over someone that no longer exists?
Maybe it's time to hurry up and get things in order? One never knows when someone deceased might be found. moo
 
How can one have a POA over someone that no longer exists?
Maybe it's time to hurry up and get things in order? One never knows when someone deceased might be found. moo
Here’s the thing - until the bank or brokerage knows of the death they honor that POA - I’ve actually seen a major bank honor the POA after death ...
 
I think the plan was to stage a kidnapping. The bike would be planted in order to sell this narrative, and the personal item could have potentially been her cell phone (I think whatever it was, it was readily identifiable as being Suzanne’s).

During legitimate abductions, it’s not uncommon for personal items to be thrown out the window (purses, phones, clothing, etc).

So I think that item (or items) may have dumped to leave a trail (she was attacked here, and the perpetrator fled that way).
I agree. Abduction was Plan A. That way, he could get the guardianship. The two other stories—mountain lion and bike accident— were Plan B options IMO, because they eliminated the chance at guardianship. Plan B was devised as back up when LE wouldn't go for Plan A, which was very soon after the missing report. IMO
 
IMO considering cases such as SM's - what otherwise might be considered 'harmless' 'innocent' or otherwise innocuous.....is under the microscope

LE has not treated SM as a missing person

LE does not believe an animal attacked her

IMO LE had something very very specific to go on within the first 24 hours

Couple this with BMs real estate transactions, the timing of said transactions & the pursuit of guardianship of his 'missing' wife....

And LE digging up & sifting with a fine tooth comb (with FBI in cahoots if not mistaken) BMs previous worksite......

I'm just waiting for the arrest of BM

It could be awhile - but if they had such definitive information as I suspect LE did from the get-go: it WILL happen

JMO
I agree. I dont see abductors whisking her away after chucking her bike down a ravine.
 
It took almost 4 months before Scott Peterson was arrested.

It took 28 days for Craig Lazon to be arrested.

10 months before Brian Sluss was arrested.

... and in each of those cases we found out so much was going on behind the scenes. I think there is a lot going on right now and hopefully we will know soon.
 
I still go back to this: IF we believe the bike was actually found where BM claims it was found, how many scenarios actually make sense with the bike found there and the personal items found several days later in a different location? I can only come up with a few:
a) SM went on a bike ride, was abducted, and per threw her items out the window of the car on the way out of town
b) SM went on a bike ride, was abducted, and SM threw those items out the window of the car as a clue as she was being taken
c) BM staged the bike, hoping to make it look like an animal attack. LE didn't buy it, BM (or accomplish) throws items out a couple of days later hoping to change the narrative to abduction.
d) BM kills SM, and either throws items out in a panic or SM loses them/discards them as part of the attack. Bike is staged after the fact.

For the life of me, I can't come up with a good reason for BM to stage both the bike and the personal items at the same time. The initial narrative on this (almost certainly from BM) was an animal attack - the personal items in another location don't support that narrative. So, if one is to believe BM planted the bike, that leaves the personal items as a mistake or planted after the fact. Maybe someone can come up with other plausible scenarios (and I do know we haven't received confirmation from LE that there ever was a bike - though, if not, then one would have to ask why BM is lying about it) that can explain both? JMO, MOO.
While the initial narrative was from BM an animal attack, he also threw in Kidnapping.
He "suggested" it with the reward, IMO and in his 26 second plea to the public.
So he went from animal attack to kidnapping of his wife while he was conveniently away out of town. This did not happen while he was home, but away.
LE pretty much ruled out animal attack
LE has not shared a BOLO or any description of what SM was wearing, no vehicles is surrounding area, told the community to SAVE their video footage, but we do not know if they have collected any saved video, but my guess would be, if they had, and if LE thought it is a kidnapping, they would be tracking a vehicle and asking public for help.
Instead, LE called in FBI and they were digging up ground on a property that BM was working at.
 
Here’s the thing - until the bank or brokerage knows of the death they honor that POA - I’ve actually seen a major bank honor the POA after death ...
I hear what you're saying. I meant it more in the legal sense of the whole thing. Obviously it still happens tho.
We had a family member die last July. His appointed POA person just received a $1200.00 stimulus check for him. Crazy!
 
We've bought and sold homes in CA, never used an attorney - all using escrow, but ours were always very simple (and no million dollar properties). Maybe with more complex or high dollar transactions use lawyers.
To my knowledge, not very many people use an attorney for closing.
There are about 5 states that are Attorney closing states vs title company but that is only for closing purposes.
I have had a few borrowers ask for mtg documents early so that their attorney could "look them over" prior to closing, and while it is rare, it does happen.
 
We've bought and sold homes in CA, never used an attorney - all using escrow, but ours were always very simple (and no million dollar properties). Maybe with more complex or high dollar transactions use lawyers.
Nope. My broker recently sold a home for 6.5 million in CA. No attorneys involved. Just a normal escrow like any other.
However, several years ago I purchased a home in CO and an attorney was used for that transaction. I think different states process their escrows in different ways.
 
My thinking on the guardianship/PoA issue:

Joint tenancy springs upon the death (the exact moment of ) of one or the other tenants.
A client comes in to my office wanting to sell a property owned in joint tenancy.
PoA says client has power to make property transfer on joint tenant's behalf.
Problem arises: joint tenancy springs upon death, as does PoA, but I'm unsure if joint tenant A is alive.
Solution: guardianship on top of the PoA, that way I don't have to quiet title later on when we find out the fate of joint tenant A.

Just food for thought.
 
Last edited:
To my knowledge, not very many people use an attorney for closing.
There are about 5 states that are Attorney closing states vs title company but that is only for closing purposes.
I have had a few borrowers ask for mtg documents early so that their attorney could "look them over" prior to closing, and while it is rare, it does happen.
You're in RE too Sparty?
 
My thinking on the guardianship/PoA issue:

Joint tenancy springs upon the death (the exact moment of ) of one or the other tenants.
A client comes in to my office wanting to sell a property owned in joint tenancy.
PoA says client has power to make property transfer on joint tenant's behalf.
Problem arises: joint tenancy springs upon death, as does PoA, but I'm unsure if joint tenant A is alive.
Solution: guardianship on top of the PoA, that way I don't have to quiet title later on when we find out the fate of joint tenant A.

Just food for thought.
awww.....This makes total sense.
 
When you have a valid POA you can do anything and everything that POA entitles you - banks don’t check death certificates all the time in my experience - so if you have POA you can go to a bank and change the beneficiary to yourself and / or transfer everything even after death - you can quit claim property to yourself and sign as POA as grantor - we see it a lot in our law firm
JMO
True, banks don't always check the death certs, however, that would be illegal for the person who has POA and I for one, would never chance it.but I am sure there are others that would.
But if caught, they are facing penalties-- "On 1 September 2015, the Powers of Attorney Act 2014 (The Act) introduced new civil and criminal penalties for misuse of an enduring power of attorney. The new penalties include a fine of up to $91,000 or up to five years imprisonment
 
You're in RE too Sparty?
Mortgages and HELOCS and HELOANS specialist :p
I say specialist because I am actually a closing specialist in the heloc/heloan/personal loan dept but I have been on a temporary move to the Mtg dept to help them out with the overload for past 3 months due to my experience as they are backlogged with purchases and re-fi's due to the low interest rates, so I am currently helping them out. It is good to be versatile hahaha
 
In my state you only have to not be convicted of a felony - a bankruptcy hurts your chances but you can petition to have that overlooked
Imo

Thank you for your prompt response. In my opinion, the Judge should look into the CBI, FBI investigations of SM disappearance to decide the request for permanent Guardianship. IMO, BM, is a definite POI in the case and the petition should be declined.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
188
Guests online
4,171
Total visitors
4,359

Forum statistics

Threads
592,366
Messages
17,968,128
Members
228,760
Latest member
buggy8993
Back
Top