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

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I understand that you are just giving your own opinion. I just don’t like being lumped in to one great, oblivious category of “US sleuthers.” No hard feelings.
Apologies not my intent at all - in researching this it’s clear the U.K. has very clear procedures for a missing person and guardianship but the US does not that I can find - and yet we keep going back and forth that incapacity is the same when you are missing and it isn’t that I and others have found based on the IN statues for probate - no harm intended at all
 
If that’s the case, those buyers should be ashamed of themselves for making BM go through this right now! I can’t imagine having to deal with trying to find my missing wife and selling property. If BM is innocent, that’s just awful, IMO.
I was a realtor for less than ten years, buyers may have already postponed closing, probably this is mutual agreement to continue w/sale...we don’t know enough to criticize buyers, based on my statement. It gets complicated and can become row of dominoes. The buyers of Morphews’ property may have property w/ buyers for their property If one domino fails to fall the whole process halts. The transaction may have been intended to fund reward.JMO
DISCLAIMER...I am a retired realtor, and although I had some doozies of sales, I never had a missing person involved...realtors rely on lawyers to sort these out, to a degree.
 
Exactly and if a judge declares a missing person incapacitated and allows her property to be sold without her consent what precedent does that set?

Well, if there's a situation that requires her to act--like a real estate sale she already signed the contract for--and she's not there to act for herself, what would happen?

Assuming I'm the buyer--on the hook for title insurance, lots of fees, inspector's report, mortgage fees, etc, plus probably selling my old house--what options do I have? I want to complete the sale and they said they'd sell it to me. Am I SOL, as the saying goes? Because she's missing?
 
Criminy -- that motion to sell real estate is nothing!!

What about this -- isn't this as good as requesting SM be declared dead?

06/03/2020
Petition to Establish Guardianship Filed
Petition
Filed By:
Morphew, Barry L
File Stamp:
06/01/2020

Wow! I wonder what it all means? Maybe Suzanne Morphew's life was heavily insured. MOO
 
I think guardianships are overseen by the Court in most states. So perhaps the needed legal business that will be completed on her behalf by a guardian will be overseen.

For example, if it's something small, such as signing some minor escrow form on an already existing real estate sales contract, perhaps the Judge will approve for one small thing? I really don't know - just have seen elderly people put on conservatorships and that's how it works - they are usually of somewhat limited scope unless the elderly person signs off on more.

Surely Indiana wouldn't let one spouse sell everything without the other's consent after a mere month of being missing?

All Guardianships are overseen and/or monitored but that's not the point here.

In this case, it's a request to declare the petitioner the Guardian over the alleged incapacitated person without their knowledge, consent, or examination.

It's not the purpose of the Code for Guardianship/Conservatorship.

If a party wants to do all of the above for a missing person then they will have to either 1) wait 7 years and petition to declare them dead; or 2) change the law by adding a provision specifically for a missing person to waive all of the requirements that currently exist for a judge to declare a person incapacitated and appoint the petitioner your "Guardian."

MOO
 
This seems to be lost on our US sleuthers
Imo

I don't think we're lost. I think it's great that UK has that law. But what does it have to do with Suzanne? Does Indiana have the same law? I'm pretty sure Colorado doesn't.

I don't see how the UK's law is helpful to Suzanne, is all. Maybe I am missing something.

It does make me want to write to my local representative - which is political and therefore, I'm now at the bounds of what I can say. Most of us "US sleuthers" are deep into trying to think through the actual legal consequences of the papers filed involving SM. I just want to know how Indiana law works.
 
I think guardianships are overseen by the Court in most states. So perhaps the needed legal business that will be completed on her behalf by a guardian will be overseen.

For example, if it's something small, such as signing some minor escrow form on an already existing real estate sales contract, perhaps the Judge will approve for one small thing? I really don't know - just have seen elderly people put on conservatorships and that's how it works - they are usually of somewhat limited scope unless the elderly person signs off on more.

Surely Indiana wouldn't let one spouse sell everything without the other's consent after a mere month of being missing?
Here’s the thing - depending on the type of Guardianship filed the Letters have the power over whatever is in them - it could be just this singular property he has petitioned for permission to sell or it could be her bank and investments - we don’t know because that information is not public - but once Letters are issued he will have the power to do anything requested in his petition for guardianship- it’s one of the most powerful tools the court gives a person over someone else’s assets and their person IMO - I for one plan to watch the docket and see what’s next - that will tell us a lot IMO
 
I agree. MOO Maybe his landscaping business wasn’t as successful as some people thought. MOO
It seems as though the scale BM is working at in CO that resulted in him in-filling a property for a manufactured home (note the piers on the photos) is not the kind of scale you'd need in order to maintain his current lifestyle.
 
All Guardianships are overseen and/or monitored but that's not the point here.

In this case, it's a request to declare the petitioner the Guardian over the alleged incapacitated person without their knowledge, consent, or examination.

It's not the purpose of the Code for Guardianship/Conservatorship.

If a party wants to do all of the above for a missing person then they will have to either 1) wait 7 years and petition to declare them dead; or 2) change the law by adding a provision specifically for a missing person to waive all of the requirements that currently exist for a judge to declare a person incapacitated and appoint the petitioner your "Guardian."

MOO

Then, it would seem that BM has received bad legal advice. I did not know that all states in the US have similar laws about overseeing Guardianships. Or that all states had similar legal definitions of "incapacitation."

If the judge did for some reason (say, a political reason) rule in Barry's favor, then it would be appealed by....whom? Where would the oversight lie?
 
Apologies not my intent at all - in researching this it’s clear the U.K. has very clear procedures for a missing person and guardianship but the US does not that I can find - and yet we keep going back and forth that incapacity is the same when you are missing and it isn’t that I and others have found based on the IN statues for probate - no harm intended at all
Well, if there's a situation that requires her to act--like a real estate sale she already signed the contract for--and she's not there to act for herself, what would happen?

Assuming I'm the buyer--on the hook for title insurance, lots of fees, inspector's report, mortgage fees, etc, plus probably selling my old house--what options do I have? I want to complete the sale and they said they'd sell it to me. Am I SOL, as the saying goes? Because she's missing?
It is entirely possible that Both parties wish to complete the transaction. Unless someone challenges this, I feel this may indicate Suzanne's family is still backing BM. IMO
 
Well, if there's a situation that requires her to act--like a real estate sale she already signed the contract for--and she's not there to act for herself, what would happen?

Assuming I'm the buyer--on the hook for title insurance, lots of fees, inspector's report, mortgage fees, etc, plus probably selling my old house--what options do I have? I want to complete the sale and they said they'd sell it to me. Am I SOL, as the saying goes? Because she's missing?
You ,as buyer, could sue the seller under the purchase contract and the issue would be whether, under the terms of the contract or under applicable law, the fact that one of the selling parties has gone missing is an excuse for nonperformance. But here, of course (if indeed the house sale is the reason for the filing), BM wants the sale to go through. The buyer presumably doesn't want to sue. I think BM's attorneys may be pushing the envelope with the emergency guardianship law in an effort to complete the sale.
 
Maybe he doesn’t have a choice, and this is more important than optics. Perhaps his financial picture isn’t what most people think it is.

These motions were filed a few days ago, and the media has yet to report on it. It’s possible that he hoped no one would know about this, and he didn’t realize the records would be posted online.
BBM Exactly. He must be relieved he doesn’t have to worry about coming up with the 100K reward. MOO
 
Exactly and if a judge declares a missing person incapacitated and allows her property to be sold without her consent what precedent does that set?
If she is presumed deceased, that would constitute 'incapacitated' until it's proven or X years have passed? At some point, knowing what they know about her - they assume she'd never be this long without contacting her daughters if she could help it. If it's presumed she can't help herself, she's incapacitated. If she's not incapacitated, then she'd not made contact by her own choice and I don't think that's a reasonable conclusion.
I don't think it's unreasonable to assume she's incapacitated.
and is this the reason for BM claiming she was attacked by an animal from the beginning to legally label her incapacitated so he gain access to all things monetary and financial? IMO
 
You ,as buyer, could sue the seller under the purchase contract and the issue would be whether, under the terms of the contract or under applicable law, the fact that one of the selling parties has gone missing is an excuse for nonperformance. But here, of course (if indeed the house sale is the reason for the filing), BM wants the sale to go through. The buyer presumably doesn't want to sue. I think BM's attorneys may be pushing the envelope with the emergency guardianship law in an effort to complete the sale.
Although I don’t disagree, why would one insist on the closing of any property related to the disappearance of a wife? Legalities aside, how bad would anyone want such property closed on asap although if you’re between homes without elsewhere to go I could see where that would be pressing. This case just becomes more convoluted every day with absolutely zero to go on. IMO
 
To be honest I don't believe this to be nefarious. It is just too blatant. Even a fool would know how it would be perceived. His attorney would know better as well.
ITA further if I were SM’s family andI did not trust him, I would have him under a microscope. This is the stuff attys have to handle with caution, because it will be in the public record, etc.
 
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