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

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Knox

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This is appalling.

How did he get this done in such record time?
Did he take a quick little break from his search for his missing wife to fly out to IN, or what?

I thought that the Crew Dragon making it all the way into orbit within 12 minutes of launch was a remarkable feat.

I ask again: What's the rush?

JMO.
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?
 

1&2&3

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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.
 

Fireflize

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It's about a thousand miles over my head, that's for sure.
I do appreciate some of you trying to explain it, and yet it's still complicated and confusing to me.
I just can't help but wonder, a man's wife goes missing, the actions of LE appear to indicate he's the one they're looking at, despite the fact they've never actually said that, and then suddenly he has a pressing need to sell a pricey piece of real estate so he can have the $$ at his disposal.

I mean, what else does he need that money for, so quickly? o_O
I have to also wonder about the information from NG, that he had lawyered up. I would think that if this is indeed true, that a good defense attorney would be expensive. That attorney could also advise him as to how to get cash out of assets for his legal fees. Moo
 

Stripehaven

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BBM:

I can't speak for anybody else, but I'm most certainly not making that assumption.

Are property sale records public in IN, i.e., will we be able to view the sale amount and buyer after the sale has been finalized?

I'm very interested to know if this property was sold to one of BM's relatives.

JMO.
I’m wondering if he was insistent on selling a property and she objected.
 

Ontario Mom

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I have to also wonder about the information from NG, that he had lawyered up. I would think that if this is indeed true, that a good defense attorney would be expensive. That attorney could also advise him as to how to get cash out of assets for his legal fees. Moo

I would have to assume he did what he did in the IN courts, on the advice of his lawyer.
I don't know many people that are that current on all these kinds of laws, that they could do something like this without legal counsel.
 

GordianKnot

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Jurisdiction for Guardianship. Real prop in IN, SM resident of CO.
@oviedo Good question. As someone (sorry, forgot who) else posted here, (my paraphrasing -->) if 'incapacitated person' holds legal title to props in multiple states (say 3), guardianship proceedings in those 3 states are/may be needed, and if IncPers is a resident of yet 4th state, a guardianship proceeding there too. Happily AFAIK, real est. in only two states, IN & CO, and SM is resident of CO.
For major-colossal-big-time-fun-reading;):rolleyes::eek:o_O, maybe someone can take a longer look at IN. guardianships and adult guardianship statutes' provisions for transfering a guardianships from IN to ct in another state, and an IN ct to accept guardianship established in other states.* Similar to jurisdiction provisions re child custody statutes and transferring custody from one state to another?
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.
 
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DBLG

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Am I the only one who is getting vibes that this case may ultimately reach a finale in Indiana rather than Colorado? With the uncertainty of the timeline of events and IN within a 24 hour drive ( a drive that is very familiar to BM).... I just have a weird feeling. There seems to be a lot of activity ( legally) in IN right now.
 

wheatnotchaff

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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?
It’s an important point. Sounds like this info will be available at some point, if I understood previous postings from others with experience in this area ...?
 

gitana1

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Yay! @gitana, so glad you've shown up here on SM's thread!

Long time no see...hope all is well in your neck of the world.

Some quick case background:

SM = missing mom/wife, who was reported missing on 05/10/20 (Mother's Day).
BM = husband.
They currently reside in Colorado.
They formerly lived in Indiana, and may or may not still own a home there.

BM has filed a petition for Guardianship of SM as of 06/01 in Indiana.
BM also filed a motion for sale of real estate in Indiana on 06/01.
SM went missing in Colorado.

Link to court filings in IN:
Indiana Supreme Court public access case search - MyCase

I note there is also a Motion to Waive Hearing filed on 06/01 as well.
Again, SM went missing on 05/10.

Your thoughts?

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?
 

GordianKnot

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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.
BBM:

There's a permanent guardianship hearing scheduled for September.

This was just a stop-gap measure until then.

JMO.
 

wheatnotchaff

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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?
Eldest daughter consented, per news report by Ellen Killoran on CrimeOnline. Somebody have the link?
 

DBLG

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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?
But if the house was “listed for sale” and under contract, SM would need to sign the listing agreement in the first place to authorize the house being for sale.
ETA: if there was no listing agreement ( no agent involved), then there is definitely a “purchase contract” with SM acknowledging.the sale. It would make sense that SM already signed off on the deal but BM needs the “guardianship” to sign the final escrow documents. JMO
 
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