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

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gitana1 said:
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.
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Why would the proceeds be frozen? It depends on how they set up escrow. If proceeds of the sale are directed to be wired into their joint account BM should have full access to the funds. Escrow would have been set up immediately upon the purchase contract (within 48 hours) so presumably SM had knowledge and decision making where the proceeds of the sale would be deposited. BM has not been accused of any crime. He is simply fulfilling his end of the legal contract to sell the property. I do not find the “guardianship” issue suspicious at all.
 
The average amount of time it takes for homebuyers in the United States to close on their home purchases (as of February 2019) is 47 days across all loan types, according to leading mortgage software company Ellie Mae. In general, purchase loans take longer to close than refinance loans by an average of 12 days. Learn more about the purchase process, time spent at each stage and tips for keeping your closing on track below. As a licensed realtor, IME 45 days was average before COVID. IMO it has been slightly longer since, about 60 days unless it is cash/quick close with inspection waivers in place.

Mortgage Guide: What's the Average Time to Close on a House?
 
Seattle1 said:
Repeating the obvious. In 99.9% cases, this transaction between a husband and wife is completed by POA and not by special court intervention such as Guardianship.

I believe that any POA that exists between the couple was revoked or is limited because SM had no intention for BM to have complete authority over her joint assets. MOO
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Upon death, a POA is no longer valid. At that point, the Will and/or Trust becomes the overriding legal document.

Forgive me if this is repeat information. I popped in this morning, not much was new. I popped in this afternoon and Holy Moly, I have some catching up to do!

MOO, IANAL
 
Seattle1 said:
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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The deposit of her share in the court registry would make me happy and I would feel better about this Guardianship It just seems all quick like hurry up judge I’m out of time - could have been filed a week ago to allow consideration by the court IMO unless this hurry up procedure was the plan? imo
 
While I certainly wouldn't rule out money as a potential motive in this case, I'm having trouble accepting the idea that "he wanted to sell, she didn't" as a motive for murder. That, IMO, would almost have to be secondary to a bigger motive (a desperate need for cash, etc.). MOO.
 
LietKynes said:
Remember Scott Peterson sold Laci's jeep fairly soon after she went 'missing'. :(
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Setting aside the character of SP, the sale of Laci's vehicle occurred because either it was titled in a manner where either could sell it without the consent of the other, or LP gave her husband POA empowering SP to act as her attorney-in-fact. Petitioning for Guardianship for your missing spouse is just not the norm.:eek:
 
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DBLG said:
Why would the proceeds be frozen? It depends on how they set up escrow. If proceeds of the sale are directed to be wired into their joint account BM should have full access to the funds. Escrow would have been set up immediately upon the purchase contract (within 48 hours) so presumably SM had knowledge and decision making where the proceeds of the sale would be deposited. BM has not been accused of any crime. He is simply fulfilling his end of the legal contract to sell the property. I do not find the “guardianship” issue suspicious at all.
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But she owns half the proceeds and is missing - the guardianship gives him permission to sell the property we know nothing of what the Judge imposed on the proceeds - I’m confident Ellen of crime online will Find out - she’s missing so IMO her share should not be disbursed To him yet
But that’s just me - jMO
 
Hoosierfan72 said:
While I certainly wouldn't rule out money as a potential motive in this case, I'm having trouble accepting the idea that "he wanted to sell, she didn't" as a motive for murder. That, IMO, would almost have to be secondary to a bigger motive (a desperate need for cash, etc.). MOO.
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Bigger picture. What if she wanted a division of property (i.e., dissolution ) and somebody ends up with only half or less of the property?
 
10ofRods said:
Suzanne Morphew and her husband Barry Morphew held properties (more than one) in Indiana, where they were born and raised. In approximately late 2018, they moved to Colorado and purchased a house there. Their tax bills from Indiana were sent to Colorado.

Suzanne went missing on Mother's Day, while BM was out of town. LE said they did not suspect suicide, animal attack or abduction. They live in a remote area near a river, and Suzanne's bike was found near the river.

3-4 weeks later, Barry wants Guardianship of her so that he can do something. We all suspect it has to do with finances and property, although it's possible that BM's lawyer in Colorado (criminal lawyer) may want access to some of SM's financial records that may not be available to BM.

Suzanne had been unwell, having gone through two different kinds of cancer and recently pronounced recovered. Many of us here think that means the couple would have had durable PoA, but perhaps they did not. At any rate, there are two daughters, one is 16, the other is 20. We are all wondering why a Guardianship/Conservatorship is needed, as well as how it is possible for a spouse to get one when their partner has only been missing for 4 weeks.

It seems that some family member (probably the older daughter) has waived contesting the upcoming Guardianship hearing.

Thank you for coming to the thread, @gitana1 It just seems so strange that someone could gain control of a missing person's finances so quickly and so readily.
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It does. It’s odd.
 
In order to reply I must post or delete, plz scroll and roll, while I catchup.
I had begun my innocent post and planned to send later but I have to respond. We took on a major project involving building our current home years ago, in 2000, continued thru 2003. We used equity from the house we were selling, 2 tracts of planted pine trees as collateral, every asset, stock mkt fizzled construction halted. Etc, etc, we were house poor for far longer than planned. While we weren’t quite as happy as before all that, we sucked it up...together. The Morphews supposedly OWN the CO home... no mortgage. That is a big difference. They MAY be house poor, not because of lavish lifestyle! College expenses even w/ scholarships are huge. A solid marriage weathers financial woes and medical.

yesterday was to be my guilty day, it wasn’t.
We had the guardianship issue, and then the Letecia stunt. However, sticking to my schedule, today IS an innocent day...
Weeble, wobble. Today I wobble. Today, the other guy did it defense.

IIRC, the girls texted w/ mom on Saturday, and planned call Sunday before their expected return.
When did BM leave home...BM refused to or avoided answering question when TD asked. (Save for later)
No communication between SM and BM all day Sunday. Differing opinions on this MD
Both sides valid, if he did leave Sunday morning, he may have wished her a Happy Day! did he plan on returning Sun or Mon.
When was her normal biking hour? 10am or 11am church service? Had she been riding during covid?
Why didn’t he call 911 himself? What if he needed to tie things up in CO or was he already driving? What if he planned to call his buddies to start searching?Multi tasking.
Who started bike theory?
Who initiated lion story? Was that possibility discussed before bike found?
Where did firefighter training originate?
Where was bike and in what position when BM first saw it?

LE had to have ruled out all unlikely theories as quickly as possible, bike accident, lion attack, so forth.
We assume this is because piece of evidence, quickly pointed to BM.
What if the personal items actually lead to another perp, taser barbs in SM clothing.
What if there is a known SO in Salidas area w / mo involving taser?
no fingerprints, trace dna, longer to process.
I believe LE would have quickly headed in that direction also, while Also investigating
BM
What if this suspect is missing also, and BOLO issued to LE, but not public
Bell contacted Smith family and spoke to Dawn.
Eerie similarities to Shari fay Smith, but sharis body was found before identity of her killer was discovered? Attempted van kidnapping in CO serial killer next victim?
Bells van seen in kidnapping of Debra mae Helmick. First video scripted, but not by LE or BM? 35 yrs ago plea to kidnapper? Different today, I believe runaway was considered but ruled out? Why is the quote after my response?
Stripehaven said:
I suppose that if it’s true BM has this army of searchers working for him (as he told TD on the video), he may need $$ to compensate or outfit them. I dunno. I’m trying to stay neutral as best I can.

As for the $100K reward, he may have a home equity line of credit available. But perhaps would rather not go into debt if he doesn’t have to. JMO etc.

I don’t get the impression he’s rolling in liquid assets but I don’t know that I think he’s without resources. IMO ??? Etc
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Stripehaven said:
I suppose that if it’s true BM has this army of searchers working for him (as he told TD on the video), he may need $$ to compensate or outfit them. I dunno. I’m trying to stay neutral as best I can.

As for the $100K reward, he may have a home equity line of credit available. But perhaps would rather not go into debt if he doesn’t have to. JMO
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Seattle1 said:
Setting aside the character of SP, the sale of Laci's vehicle occurred because either it was titled in a manner where either could sell it without the consent of the other, or LP gave her husband POA empowering SP to act as her attorney-in-fact. Petitioning for Guardianship for your missing spouse is just not the norm.:eek:
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Which leads me to ask this question. Could the sale of the house have went through if he had not file the Guardianship action? Could BM simply be a no-show in September and the whole thing would get dismissed?
 
Knox said:
I searched Hamilton County forwards and backwards last week. Thinking if they own other rental properties, they must be in another county, or the family member is mistaken, JMO.
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Did you search just their last name or also LLC and/or Trust names? If they owned multiple rental properties I am guessing they had another vehicle for ownership of those properties that was tax/liability advantageous.

ETA: I seem to recall reading earlier that SM had a registered charity but can't recall if it was an LLC or a 501(c)3 non profit corp.
 
Seattle1 said:
Setting aside the character of SP, the sale of Laci's vehicle occurred because either it was titled in a manner where either could sell it without the consent of the other, or LP gave her husband POA empowering SP to act as her attorney-in-fact. Petitioning for Guardianship for your missing spouse is just not the norm.:eek:
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...........or the vehicle was titled in both of their names in joint tenancy with right of survivorship. IMO, IANAL
 
Knox said:
I searched Hamilton County forwards and backwards last week. Thinking if they own other rental properties, they must be in another county, or the family member is mistaken, JMO.
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We’re not allowed to sleuth BM’s business, so can’t go mich further on this. Will just offer that perhaps there’s more property under a business name or LLC ...
 
oviedo said:
The deposit of her share in the court registry would make me happy and I would feel better about this Guardianship It just seems all quick like hurry up judge I’m out of time - could have been filed a week ago to allow consideration by the court IMO unless this hurry up procedure was the plan? imo
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I think the rush is to accommodate the deed transfer to the new owner at an already scheduled closing date. That's all.

JMO
 
TKG said:
The average amount of time it takes for homebuyers in the United States to close on their home purchases (as of February 2019) is 47 days across all loan types, according to leading mortgage software company Ellie Mae. In general, purchase loans take longer to close than refinance loans by an average of 12 days. Learn more about the purchase process, time spent at each stage and tips for keeping your closing on track below. As a licensed realtor, IME 45 days was average before COVID. IMO it has been slightly longer since, about 60 days unless it is cash/quick close with inspection waivers in place.

Mortgage Guide: What's the Average Time to Close on a House?
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Yup, this is why I think the rental property was listed for sale by the Morphews long before SM became missing.

Question is if BM wanted the proceeds all to himself and also investigated on how to get that done. Via guardianship. Then we are talking premeditated murder.
IMO
 
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