Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #13

[dixiegirl1035]

I think the Sept hearing date, under the umbrella of perm GUA, will be where BM provides evidence to the court that he did what he was granted permission to do. I trust that the court will confirm SM's ownership to any proceeds are protected, and that the permanent petition is withdrawn. MOO

This situation is bringing to mind another case we followed here.. what state was it in? Darn braincells can't recall.

I think it was the "woodchipper" or "burn/cremation for animals" case where the guy went out of state to check on his herd, get payment in arrears, and the guys killed him? Anyway, the wife very quickly went to the courts to take over his business to continue such business and do transactions on his behalf.

It was approved.

Not to be off topic, because for discussion sake I think this is on topic as to how such was done with a "missing person" (perhaps presumed dead at that time, but the wife was NEVER a suspect)

Can anyone recall which case in the last 3 years that was as I remember clearly, but can't recall the name or the state. Case name would help, link to such case at Websleuths even more.

TIA.. all above MOO

 

[Tate123]

*i still don’t understand how a resident of CO has a guardianship in a state where it’s just property - waiting to see what happens

This is what I can't wrap my head around.

 

[gamma gal]

I truly hope the ones in the past were "her intent". Wasn't the sign off on this sale right before SM was last seen? Hmmm...

When was the "sign-off"?

 

[Flight154]

This situation is bringing to mind another case we followed here.. what state was it in? Darn braincells can't recall.

I think it was the "woodchipper" or "burn/cremation for animals" case where the guy went out of state to check on his herd, get payment in arrears, and the guys killed him? Anyway, the wife very quickly went to the courts to take over his business to continue such business and do transactions on his behalf.

It was approved.

Not to be off topic, because for discussion sake I think this is on topic as to how such was done with a "missing person" (perhaps presumed dead at that time, but the wife was NEVER a suspect)

Can anyone recall which case in the last 3 years that was as I remember clearly, but can't recall the name or the state. Case name would help, link to such case at Websleuths even more.

TIA.. all above MOO

Wasn't that the one where 2 brothers went to Missouri? Farmers, checking on cattle?

 

[wheatnotchaff]

In my state if you really need guardianship fast you apply and if the Judge approves, get emergency letters with an expiration date- the letters include what you are allowed to do and in the meantime you work on the requirements for permanent guardianship - Training class, initial guardianship plan, inventory of the Wards’ assets, etc. and since there are no objections and venue does not seem to be an issue yet- he likely will get permanent Letters in September IMO
*i still don’t understand how a resident of CO has a guardianship in a state where it’s just property - waiting to see what happens

From my read of some of the language in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (enacted in 2008), it provides for what’s referred to as “significant connection state” and lists possible situations in which this could be applied to establishing guardianship. Having property in that state is included in the list. Am not an attorney and JMO. Here’s a link to more than you may ever care to know about this Act:
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act | CSG Knowledge Center

ETA specific language copied from above-referenced Act re "significant connection":

Section 7. [Exclusive basis -- Significant connection.]

(1) This part provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

(2) In determining under Section 9 of this Act and Section 15(5) of this Act whether a respondent has a significant connection with a particular state, the court shall consider:

(a) the location of the respondent’s family and other people required to be notified of the guardianship or protective proceeding;

(b) the length of time the respondent at any time was physically present in the state and the duration of any absence;

(c) the location of the respondent’s property; and

(d) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver license, social relationship, and receipt of services.

 

[vaporlass]

House sold May 2019, yet it remained in BM/SM name. Why? Did they offer a “lease to purchase” for couple who wanted to buy the home? Did couple make monthly payments with intent and/or requirement to get their own financing after 1 year?

This may be the Emergency. It has been one year and the couple had procured financing to make purchase but SM is needed to sign off on the final deal. The property is legally being transferred into new owners names and funds given to BM/SM for the remaining balance.

But, I don’t understand why the taxes weren’t paid by either party on or before May 11 due date? If purchaser fully intended to go through with purchase, why didn’t someone pay the taxes?

Was there a QUESTION of whether or not the property would be sold and that is why taxes weren’t paid?

All other property taxes on other BM/SM properties were paid, why not on this home? I’m wondering if SM might have considered moving back? She could have backed out of sale, according to Realtor (attached). There might have even been a contingency that stated they could choose NOT to sell property after 1 year lease was up - on May 29.
Is that why neither party paid taxes because no one wanted to lose that $7k if either party backed out. Obviously, it bugs me those taxes were due May 11 and she goes missing on or before May 10. The check should have already been sent in my opinion - or paid online - BEFORE due date unless there was a question of whether or not the property would be sold.

I don’t see that as an excuse to murder someone, of course. But, if she found out something about BM and was considering divorce or maybe after 2 cancer stints she just wanted to live her own life, I could see her postponing any financial deals and possibly considering moving back to Indiana. It appears to be a very beautiful and peaceful place, much more so imo than the CO home. I’m just speculating!

 

[vaporlass]

Wasn't that the one where 2 brothers went to Missouri? Farmers, checking on cattle?

Missouri cattle farmer allegedly shot 2 Wisconsin brothers, burned their bodies

 

[Warwick7]

I think the Sept hearing date, under the umbrella of perm GUA, will be where BM provides evidence to the court that he did what he was granted permission to do. I trust that the court will confirm SM's ownership to any proceeds are protected, and that the permanent petition is withdrawn. And if not, I pray it's denied. MOO

Agreed!

 

[Shiloh28]

Missouri cattle farmer allegedly shot 2 Wisconsin brothers, burned their bodies

In the Diemel case, the wife of one of the missing brothers petitioned the judge to appoint her as a special administrator for the brothers' estates, including the management of their livestock business. They lived in WI and the family business was based there.

 

[vaporlass]

It seems to me that the "property address Cal Carson" is the source of much confusion. I think the property address here is linked to more than one deed. MOO

True. There are two properties with this address. One is house with 10 acres - still in BM/SM name and the other is 3 acres that is in another name. The obvious difference is the amount of property taxes due on each one. The house with 10 acres has yearly taxes due of $7k+ are unpaid and the 3 acres property taxes are minuscule and up to date.

 

[Teche]

Did Ellen post this contract that was signed as you mention before she went missing? I’m playing catch up so if you have a link to the signed and dated contract before May 10 I’d like it for her media thread - thanks !

I’m confused. Who is Ellen?

 

[Niner]

snipped by me...

But, I don’t understand why the taxes weren’t paid by either party on or before May 11 due date? If purchaser fully intended to go through with purchase, why didn’t someone pay the taxes?

Maybe it got extended like the income tax filing got extended from 4/15 to 7/15 because of COVID-19.... Just a guess!

 

[Shiloh28]

The IN governor issued an executive order extending the real estate tax payment deadline to July 10th. BM and SM probably planned to pay the taxes out of the closing proceeds as many people do.

 

[oviedo]

I’m confused. Who is Ellen?

Www.crimeonline.com
Ellen Killoran
Barry Morphew files for guardianship of missing wife Suzanne Morphew

 

[IceIce9]

A family member is suddenly missing. You don’t know if she has been abducted, crashed her bike and wandered off injured and disoriented, or dragged away by a wild animal.

Wouldn’t you be distraught? Shocked? Stunned? Grieving?

I just don’t see that in his video or his actions. Less than a month later it is just business as usual.

MOO

 

[Stripehaven]

BBM
I suspect this is the main reason for proceeding. After all, even if she does come home alive these were her wishes prior to her disappearing and it is legally binding. There's really no reason not to proceed to close the escrow imo. It's just legal business.

I keep wondering if she was being pressured into selling and she didn’t really want to. And maybe there were subsequent plans for the proceeds that she was objecting to.

 

[happyday]

So what would happen if Suzanne shows back up tomorrow and does NOT give her consent to sell the IN property that closed a day before? What a complete mess that would be.

No matter what she had originally intended. Maybe she had changed her mind. Maybe there was a clause in the contract allowing that or even if she intended to breach the contract. It would have been HER choice to do that. Maybe she didn’t even enter into a contract—we don’t know for sure.

 

[Seattle1]

This situation is bringing to mind another case we followed here.. what state was it in? Darn braincells can't recall.

I think it was the "woodchipper" or "burn/cremation for animals" case where the guy went out of state to check on his herd, get payment in arrears, and the guys killed him? Anyway, the wife very quickly went to the courts to take over his business to continue such business and do transactions on his behalf.

It was approved.

Not to be off topic, because for discussion sake I think this is on topic as to how such was done with a "missing person" (perhaps presumed dead at that time, but the wife was NEVER a suspect)

Can anyone recall which case in the last 3 years that was as I remember clearly, but can't recall the name or the state. Case name would help, link to such case at Websleuths even more.

TIA.. all above MOO

I'm not familiar with the woodchipper case referenced. Nonetheless, there are countless cases of misfortune or where a business owner is incapacitated or dies unexpectedly and the court has to intervene to appoint a conservator to prevent loss and/or legal action against the owner or his estate. It sounds like this may have happened in your woodchipper example.

I believe the difference here and/or what most are reacting to (including our attorneys) is BM's use of the Indiana Probate Court to remedy a very common issue of a partner not being available to close escrow.

By very common, this could be one-party stuck at an airport during a storm, home with the flu, in the hospital giving birth, deployed., etc. The simple remedy is a POA -- which is not foreign to this couple as they've used it more than once before (according to public records).

So to ask us to believe otherwise about BM going to IN Probate is like seeking a patent for a pair of shoes when a pair of flip-flops from the corner store will suffice.

All eyes need to be on the IN court come September. MOO

MOO

 

[oviedo]

Vehicles and Licenses
One of the most commonly required address changes relates to vehicle registrations and driver's licenses.

SM/BM have 5 properties in their name. Someone said they had rentals? Only 2 properties have homes on them, the others are land. Which one was the cause of emergency guardianship? I think it’s the property they lived in prior to CO move because it’s the only one that taxes remain unpaid. The others are up to date.
I searched by their CO mailing address ... which

I think the Sept hearing date, under the umbrella of perm GUA, will be where BM provides evidence to the court that he did what he was granted permission to do. I trust that the court will confirm SM's ownership to any proceeds are protected, and that the permanent petition is withdrawn. And if not, I pray it's denied. MOO

i hope someone objects to the whole thing so at least there is a hearing
IMO

 

[vaporlass]

No. Click through to the actual statements. Went to Morphew until this year. Now goes to a couple at the Cal Carson Road address.

Okay, I see the names on the statement, but I still don’t understand why the owners are listed as BM/SM under Ownership and that their CO address is the one listed for tax statements. If it sold outright without BM/SM financing them or setting up a “lease to own” with or without contingencies in 5/2019 wouldn’t all this be under those names MM/AM?
Note on May 2019 property was transferred from BM/SM to BM/SM.
Plus, why would they NOT pay taxes by due date when there is a 5% penalty if not paid by May 11???
Hamilton County, IN - Property Records