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

Discussion in 'Missing Persons Discussion' started by Mysti88c, May 12, 2020.

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  1. asmi106082

    asmi106082 Well-Known Member

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    No, powers of attorney cease upon death. An individual would need to present a copy of the will to the local court, which will in turn name the person executor or executrix.
     


  2. Puzzles8

    Puzzles8 Exonerated Mountain Lion

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    Property taxes are paid in arrears (at least in my state). This means the property taxes you pay this year relate to your ownership/occupancy the previous year. When you sell a property there is an adjustment at closing to reflect this. Though technically you are responsible.
     
    Last edited: Jun 5, 2020
  3. TxGidget

    TxGidget Well-Known Member

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    Yes. My understanding of a seller carry back, is that there would be a closing and transfer of deed to the new owner. Then the pervious owner acts as a banker, basically, and receives payments for all or part of the sales price.
     
  4. Puzzles8

    Puzzles8 Exonerated Mountain Lion

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    No. The deed is held by the seller until the terms of the contact are fulfilled. Until that time, the seller is responsible for the payment of property taxes.

    MOO, IANAL
     
  5. al66pine

    al66pine Well-Known Member

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    IN Statute. Notices Required re Guardianship Petition
    @KLM6 Thank you very much. Were you referring to this, below? Or something else?

    "IC 29-3-6-1 Notice of petition and hearing; persons to whom notice must be given; waiver of notice
    Sec. 1. (a) When a petition for appointment of a guardian or for the issuance of a protective order is filed with the court, notice of the petition and the hearing on the petition shall be given by first class postage prepaid mail as follows:
    (4) If it is alleged that the person is an incapacitated person, notice of the petition and the hearing on the petition shall be given to the following persons whose whereabouts can be determined upon reasonable inquiry:
    (A) The alleged incapacitated person, the alleged incapacitated person's spouse, and the alleged incapacitated person's adult children, or if none, the alleged incapacitated person's parents.
    (C) In case no person other than the incapacitated person is notified under clause (A), at least one (1) of the persons most closely related by blood or marriage to the alleged incapacitated person.
    (D) Any person known to the petitioner to be serving as the alleged incapacitated person's attorney-in-fact under a durable power of attorney.
    (E) Any other person that the court directs.

    Notice is not required under this subdivision if the person to be notified waives notice or appears at the hearing on the petition." bbm ubm
    ^ Indiana Code 2019 - Indiana General Assembly, 2020 Session ^
     
  6. MyBelle

    MyBelle Well-Known Member

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    When my Dad died, he owned property in another state. The Probate Court Judge told me that out-of-state property had to be handled in the state it was located and he didn't have jurisdiction. It had been in the family for more than 100 years and was owned by multiple members of the family. Very expensive to untangle. I don't view what BM is trying to do as anything sinister. He may want to sell property to pay the expenses of his private investigators or his attorneys.

    JMO
     
  7. TKG

    TKG Well-Known Member

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    So, if SM & BM arranged a seller carry back (seller financing) this could show it sold yet they remain the responsible party for the taxes?

    *My apologies if I continue to ask the same question. I’m trying to see if it’s possible and what property the petition would cover. The farm was transferred.
     
    Last edited: Jun 5, 2020
  8. HongKongPhooey

    HongKongPhooey Well-Known Member

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    The law came about in the UK as a direct result of campaigning from the father of missing Claudia Lawrence. Huge case in the UK and thread here. Just an aside. Families of the missing and murdered often make a difference :(
     
  9. BeckyF

    BeckyF Well-Known Member

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    I’m thinking the same way. Maybe she wanted to move back to IN and wanted a home there. JMO
     
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  10. Itsapuzzle

    Itsapuzzle Well-Known Member

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    Spontaneous thought .... if the helmet is the article that was found I'd have to say 100 per cent staged .... it would be too illogical for the helmet to be there .... err, even Columbo would be scratching his head at that.
    It is very curious that BM wrote that note about the bike, biking gear and helmet for the shop in Salida. Very curious indeed.
    Oh boy, this thread moves at a cracking pace, hey, only up to p.11 at this point, heading back now.
     
    Last edited: Jun 5, 2020
  11. gamma gal

    gamma gal Well-Known Member

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    Perhaps the question of guardianship will be kicked back to CO?
     
  12. curiousgene

    curiousgene Well-Known Member

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    You are right! A lot of people will have to be notified and I am sure there will be someone from SM family who will file an objection to the guardianship petition. This is getting interesting!! MOO
     
  13. al66pine

    al66pine Well-Known Member

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    Legal ownership shown by prop tax billing?
    Briefly: county official's info re 'send bill to' for prop taxes does not necessarily show who the legal owner is, ime.
    I welcome confirmation, clarification or correction from our legal professionals, r/e agents, & county assessors.

    @Puzzles8 post 402 ----- @TxGidget post 401 ----- @TKG post 406 --- @Backstroke10 post 395
    Is it possible ppl are using some terms differently from each other?

    The term 'seller carry back' describes a sale where a seller finances the prop for buyer & acts as lender w prop securing the debt, ime. Can be MLS sale w agent or non-MLS sale/private sale/family sale w no agent. Either way at 'closing' w seller executes deed to convey title to buyer, triggering change w county official, so buyer is billed in subsequent yrs.
    W a land contract* or contract for deed, terms of the specific contract govern who pays property taxes over the years. Often seller name remains on records of county official who issues prop tax bills. Until seller/owner executes & records deed to buyer (could be years), seller is responsible for paying. When seller executes & records deed that triggers a change on county records so next yr prop tax bill is issued to buyer.
    Back to finding SM
    .
    -------------------------------------------------------------------------------------------------------------
    * land contract; contract for deed; agreement for deed; land installment contract.
    "... a contract between the buyer and seller of real property in which the seller provides the buyer financing in the purchase, and the buyer repays the resulting loan in installments. Under a land contract, the seller retains the legal title to the property, while permitting the buyer to take possession of it for most purposes other than legal ownership...." Land contract - Wikipedia
     
    Last edited: Jun 5, 2020
  14. vaporlass

    vaporlass Well-Known Member

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    Their former property in Indiana is still in their name. They must be financing it for the couple who purchased it in May 2019. The taxes were due on it recently May 11 to be exact and last I checked were overdue and UNPAID.
     

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    Last edited: Jun 5, 2020
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  15. kkdj

    kkdj Well-Known Member

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  16. curiousgene

    curiousgene Well-Known Member

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    This is exactly what I have been thinking too. She has been missing for less than a month. The investigation is ongoing. How is the Judge going to declare her incapacitated? I know the immediate family members of SM can file an objection after they have been notified of the guardianship but I think BM will also have to notify Colorado LE about his petition since it is still an ongoing investigation. Can the Colorado LE object to this petition? I think they can and if they do, then we know what it means. I would think the Judge would want to have some inputs from Colorado LE before deciding on the petition. MOO
     
  17. Something to do with his nephew?
     
  18. vaporlass

    vaporlass Well-Known Member

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    Michael Chambers! Exactly what I was thinking, as well. I’m not far from there, my brother lives there. His wife had him legally declared dead within 3 weeks. The right connections, in the right places helped. She had things to sell, insurance to collect etc.
    Family believes she is involved. No body ever found, no charges ever filed. Sad.
     
  19. Possible, to have a "manager" for all this?
     
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