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. oviedo

    oviedo Well-Known Member

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    Exactly and adult daughter consented link upthread
     


  2. gitana1

    gitana1 Verified Attorney

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    Ahh. Ok. Lots of answers there.

    I guess in Indiana being missing can be deemed incapacity for purposes of a guardianship of an estate.

    Adult daughter consented.

    It does indeed appear that the property was due to close and if she is not available to sign the final paperwork I guess I can see how a judge MIGHT view that as exigent circumstances if it means a sale they both agreed to would be lost.

    However, I think the proceeds need to be frozen until there can be hearings with someone representing her interests. At least.
     
  3. Ontario Mom

    Ontario Mom stay safe ♥ be kind

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    To read your questions the way you worded them, this is actually starting to make sense!
    Now if you could just get to the bottom of this and explain the why of it all, we'd all appreciate it I'm sure. ;)
     
  4. GordianKnot

    GordianKnot Former Member

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    *DBM.

    @Knox beat me to it.
     
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  5. al66pine

    al66pine Well-Known Member

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    Guardianship petition. Which prop?
    @1&2&3 :) Thanks for this.

    Can someone quote exact sentence or paragraph w this? Or give us the link again to ct filings?
    Or just advise whether this prop is the 10 acres w house, C-- C----- Rd? Thx in adv.
     
    Last edited: Jun 5, 2020
  6. LietKynes

    LietKynes "Law is the ultimate science."- Liet Kynes

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    Ita ! ^^^

    Hence the removal of concrete and the sifting (that's what it looked like) of the dirt. :(
    My god... they were looking for small pieces of evidence, imo.
    Burned, pulverized ... or whatever. :mad:
    Can you tell my wrath is rising ?
    I think LE found some evidence very early on.
    They knew. :(

    This husband gives me a Scott Peterson vibe of arrogance and conceit.
    As in --how dare we question his motives or actions ?
    MOO
     
  7. curiousgene

    curiousgene Well-Known Member

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    I guess it is for one property only. MOO
     
  8. TKG

    TKG Well-Known Member

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    100% agree!! ^^^^
     
  9. al66pine

    al66pine Well-Known Member

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  10. Leigh80

    Leigh80 Active Member

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    That was my thought too. It took about two months, maybe a little longer, between putting in an offer to it closing.
     
  11. pocketaccent

    pocketaccent Well-Known Member

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    If BM had SM's death certificate, then BM didn't need to seek a emergency guardianship to finalize the current sale of their jointly owned property. All he had to do was to present the Death certificate to escrow officer to clear the title of the property. I learned of this during the sale of Mom's home after my Dad passed. I think it's a simple process and happens a lot in the real estate world.

    I'm guessing that BM is also seeking a permanent guardianship because he knows he won't have SM's death certificate for a long while. And he is thinking of selling some more properties in IN.
     
  12. Poedelini

    Poedelini Loss Of Innocence

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    So he then probably knows she will not be found. Jmo
     
  13. al66pine

    al66pine Well-Known Member

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    EUREKA (if not yet mentioned today. I'm waaay behind on reading today's posts).
    When all else fails, read the statutory definition. Is missing/absentee status within scope of IN law’s definition of 'incapacitated'?

    29-3.5-1-2 Definitions
    (7) "Incapacitated person" has the meaning set forth in IC 29-3-1-7.5 with respect to an adult.

    Sec. 7.5. "
    Incapacitated person" means an individual who:
    (1) cannot be located upon reasonable inquiry;

    (2) is unable:
    (A) to manage in whole or in part the individual's property;
    (B) to provide self-care; or
    (C) both;
    because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity;
    or

    (3) has a developmental disability (as defined in IC 12-7-2-61)." rbm bbm ubm

    --------------------------------------------------------------------------------------
    Article 3 - GUARDIANSHIPS AND PROTECTIVE PROCEEDINGS
    http://iga.in.gov/legislative/laws/2019/ic/titles/029#29-3
    ARTICLE 3.5.UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
     
  14. MassGuy

    MassGuy The Monsters Aren’t The Ones Beneath The Bed

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    Normally I’d say “don’t hold your breath,” but in this case I’ll make an exception.

    Aaaannndd start...
     
  15. wheatnotchaff

    wheatnotchaff Well-Known Member

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    Regardless of whether he had anything to do with SM’s disappearance, I suspect his attorney/s advised him to petition for the permanent guardianship. It seems to me that gruesome as it may sound at this stage, it’s probably a practical thing to anticipate. That’s what we pay attorneys for ... to have our backs. Don’t forget he has two daughters that are not yet launched. If he’s cash poor (yes, this could be motive but, either way ...), being able to manage co-owned assets/properties without SM’s signature would be important. JMO
     
    Last edited: Jun 5, 2020
  16. oviedo

    oviedo Well-Known Member

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    That’s exactly what I posted earlier and would be a redeeming quality to this whole process - @gitana1 all the lawyers in my office said there was no possible way he’d get Letters in IN with them living in CO and being missing but they were all wrong - I haven’t told them yet
     
  17. Seattle1

    Seattle1 #LiveLikeLizzy

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    I don't think IN Guardianship provisions provide for the petitioner getting a quickie and never looking back.

    I think the petitioner probably has to make an appearance at the "Permanent" hearing and provide proof that he did what was approved and the permanent petition will be withdrawn. (I think the court will have to keep safe SM's share of proceeds too).

    I think this was most likely a transaction in progress and why the emergency permission pursuant to Guardianship granted.

    Not only do I think it would be impossible for a Permanent Guardianship petition to be considered (i.e., the ward (SM) can't be examined) but I think BM would be pushing his luck to think he could go further with the petition.

    There's evidence in the public record that demonstrates SM was very prudent with allowing the use of her POA and nobody had free reign over her name or authority.

    In the event the court would allow the permanent petition heard, the attorney assigned by the court to represent SM at a permanent hearing would certainly present such evidence. I think a judge would stop any permanent declaration dead in it's tracks.

    I think Conservatorship for SM is what applies here and not Guardianship.

    MOO
     
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  18. Dave F.

    Dave F. Former member

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    I'm not trying to be a lawyer here, but we all know that the real estate listing websites reported a very recent sale of an Indiana property by both the husband and wife. Those sites usually report the sale when the initial offer is accepted, and there is lots more paperwork to be signed later. If that sale had begun, but was not yet completed for any reason, wouldn't completing the sale be urgent, and wouldn't her signature on the buy-sell agreement and/or messages of agreement to the realtor representing them in the sale from the wife before her diappearance constitute proof that the sale was her intention and in her best interests? IANAL
     
  19. DizzyB

    DizzyB Well-Known Member

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    I’m not that disturbed by the guardianship if that is the only way to complete a transaction that was long in the works. It does show that BM is not consumed with only finding his wife. Life does go on. He definitely seems like a guy who can compartmentalize his life. My concern is where that money is going. Is 50% protected? Did they maintain separate accounts or were all funds intermingled?
     
    Last edited: Jun 5, 2020
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  20. Lilypad13

    Lilypad13 Well-Known Member

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    Oh my gosh! How awful! I was never afraid of deer before now. I could never hunt and kill a deer though...or any animal. Except snakes!
     
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