- Aug 9, 2015
- Reaction score
SM signatures may have been on all papers relating to listing this property, contract, even up until the day before her disappearance. Is the action taken to preserve her assets as well as BMs? IANAL, JMO if BM did not allow sale to go thru, would adversely affect SM and her heirs.I'm very curious who has to be noticed in Indiana. Suzanne's grandparents are, I believe, deceased, as is her mother. So there's her father, siblings, and children - if that's the case in Indiana. Where I live, there's a form of public notice (to anyone with an interest) that can be published in a newspaper. It has to be a certain number of times. My parents used to skim those notices - and, well, so did I when I used to pick up a newspaper.
The notice would normally include the time and day of the hearing. Naturally, personal service would be more...ethical, but is there a legal way around it in Indiana?
There can also be "attempts at service." My aunt's brother evaded service for more than a year, so that he could show up in court and say she had made no effort to serve him. Her attorney had of course proof of all the attempts, both at the brother's home address and at his business address. The judge had the bailiff take a copy of the paperwork to the brother, told him he was now "served" and that the matter would be heard in 10 days. And it was. Sister was challenging his Conservatorship, and Brother was frankly hoping Old Dad would die before the matter was ever settled or reversed.
Anyone know who has to be served in the case of a husband seeking conservatorship/guardianship over his wife?
What if, at a later date, someone (say a minor child) takes issue with what happened? My guess is that it would be remedied as best the Court could order. If the estate is exhausted, there would be no viable remedy.
Blood out of turnips, or something.
He does seem to have lost his work ethic. Odd that he’s not out searching with no ability to work lately. IMOBM also doesn't seem to be doing much business, given that he reportedly has been messing around in the woods, spends a lot of time pacing, scripts a video plea, and has had time for defensive conversations on several occasions. I wonder if he's been trying to sell his biz equipment....
Well if he went missing .... make sure all your accounts are joint - and smart getting your POAs - funny -(not really) but we’ve been doing a lot of revocations of POAs - divorce makes people very aware of that power the soon to be ex has as long as it is in effect LOL - covid and stay home has had a sad affect on marriages for someGotcha - as in I really do now get what the conversation was about. I know that states can have very peculiar laws about marriage. In fact, if anyone ever asks my advice about marriage, I tell them to research the marriage laws in both the state they're in and in any state they might move to. Some of it is downright scary to someone with more progressive views about marital property.
There has to be a legal procedure, though, for a spouse to carry on with joint family financial matters, in the case that the spouse is unable to show up and do their part. I would think the Court would be highly specific about what it allowed. I would hope. Not everyone has a durable PoA (my DH and I do not, and we have some other legal matters regarding my parents' estate that we'll take care of first - but it's on our to do list). With CoVid, it jumped way up the to do list and I have a Facetime meeting with an Estate Planning attorney next week. We do have wills.
If my husband just went missing, I have no idea what I'd do legally.
BBM, Or his mother.The docket shows at least one interested person consented - my guess ? The adult child or the dad /siblings ? We serve via certified mail return receipt it’s what is recognized in my state and we serve any and all interested parties - siblings, parents, adult children etc - better to serve all than miss one and have the proceeding stalled
regarding the Petition to sell property - have we found any real estate listings because this would help determine if there really is a pending sale to finish up so he isn’t in default of an already executed contract / I haven’t found any for sale yet
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
And SMs siblings are not likely to share this information with him. IMO bless his sweet heart. I wouldn’t have wanted my late daddy to know these circumstances and he thankfully knew nothing of the situation within which we are living. Again IMOWhat if her family doesn't know? As far as I know, SM only has one parent living, her father, and he's 87. MOO
And who pays for Suzanne’s (or her daughters) interest in these various court proceedings? Nightmare indeed! IMOThe more I think about this, it’s a lot. Would a judge grant guardianship to Barry in a missing persons case? Would an attorney have to be appointed/hired on Suzanne’s behalf before anything proceeds? I can’t imagine a judge just handing over Suzanne’s assets to Barry without pause.
Thank you for the article. It's bad enough emotionally when your spouse or partner go missing, but to find yourself trapped and (often) in financial difficulty because of it, I just can't imagine how people's lives are upended completely.FWIW...an article follows here on
What happens to someone’s finances if they go missing?
I agree with this. IF he killed her inside the CO house or even outside somewhere else, I think the value of that house would depreciate quite a bit. A buyer would want that house for the privacy it offers. People would be driving by all the time trying to get a look at it. Privacy would be gone. MOOSorry missed that. I would still suggest that if it turns out that he killed her, it could potentially devalue any property they owned. At least short term.
@Gigi3 Yes, it does seem awful (azz-uming IN prop has been under contract/sale pending) for buyer/ agent/anyone to pressure or force a seller in BM's circumstances to file in ct. under these circumstances.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.
Well done ! That’s why it’s filed in IN imo my guess is CO doesn’t have that provision but I’m curious about venue - just because the property is in IN shouldn’t control it - unless she wasn’t living in CO any longer ?? JMOIndiana Code Title 29. Probate § 29-3-5-1
(d) A person alleged to be an incapacitated person must be present at the hearing on the issues raised by the petition and any response to the petition unless the court determines by evidence that:
(1) it is impossible or impractical for the alleged incapacitated person to be present due to the alleged incapacitated person's disappearance, absence from the state, or similar circumstance;
(7) The names and addresses, as far as known or as can reasonably be ascertained, of the persons most closely related by blood or marriage to the person for whom the guardian is sought to be appointed or the protective order is issued.
Indiana Code Title 29. Probate § 29-3-5-1 | FindLaw
Well done ! That’s why it’s filed in IN imo my guess is CO doesn’t have that provision but I’m curious about venue - just because the property is in IN shouldn’t control it - unless she wasn’t living in CO any longer ?? JMO