Powers v. Puka: An Extensive Timeline Update (Nov 2023) - Gaps & Unanswered Questions Persist - PSDI Part 5 - Joseph Documents His Business & Law Journey

The Timeline Grows, But So Do The Unanswered Questions

Why Ab Initio Is a Big Deal in Contract Law

If a person signs a contract either under duress or while being misled about the contents of the contract.
Then a court will likely declare that contract to be void ab initio
Since the person either was
1. Not able to sign the contract under his own free will.
2. They did not have enough information to know what he was agreeing to.

Timeline Questions

Why was Janette not added as a lifetime beneficiary?
Lifetime beneficiary was David Taylor’s sneaky way to give puka money when her bank account got low. It was never about or never discussed for me or Charmelle to get any money while she was still living. Me and Charmelle get the money then give it to puka. That is it.
How many days did Marjorie, Janette, or Charmelle have to communicate to J&L to happily move them back to their $$47,000 mortgage in Jerome, Idaho that’s located 30-ish minute drive from 612 Property.
Due process. What could they have done before forcing J&L into Pay or Quit, after promising them house as gift now.
What happened between April 7th and Aug 16
Nothing, everyone was happy
Why are people having these conversations?
Who initiated these conversations?
When did J&L become aware of Marjorie interfering?
When did J&L become aware of Janette interfering?
When did J&L become aware of Charmelle interfering?
When did Marjorie begin interfering?
When did Janette begin interfering? Pretty much immediately after Joseph moved into the 612 Property.
When did Charmelle begin interfering? I believe it was when the $2000/mo started
Why did Janette and Charmelle choose to deceitfully manipulate Denise out of her $1,000,000 inheritance, rather than accepting Joseph’s honorable offer of a $30,000 profit share and to keep original promises?
How many times did Janette discuss the 612 contract with Marge, Denise, Charmelle, John, David, Brian, and not with J&L?
How many attempts did Puka, Denise, and Charmelle make to prevent Janette from meddling and seeking money from the trust, without making any contributions themselves?
Who initiated the first meeting after the amendment to the house?
Did Puka genuinely misunderstand the contract?
I think we all had our our thoughts, i honestly didn’t hear puka say she would keep the rent as what you were paying in Jerome, i was probably doing something to not hear that. i was thinking to keep it the same amount and when i was figuring out taxes and insurance and you Jerome mortgage, i was like YIKES
That is all i can have you pay until dec and we know how much the property taxes will go up. And i needed to wait until you sold your home and relieved you of that payment.
I told puka in emails, that i was planning on having you pay more aka the same amount as your Jerome mortgage but we cant do it yet…until…the things about take place
Then john martin messed it up and said rent has to be paid to the trust, not marge
So after you sold your house, after i knew what property taxes were going to be for next year, then i was going to have you pay puka that extra about to be equal to your Jerome mortgage,
How many meetings were held to discuss the contract?
How mutable was my contract in reality? Was it actually subject to change at any given moment?
Why did Charmelle refuse the $30,000 offer from Joe? And why did Janette do the same?
Did Puka truly want Janette and Charmelle to serve as co-trustees?
Who first labeled Janette, Kelly, and Dave Chang as predators and/or financially questionable?
What specific stories were shared that led David Taylor to want to safeguard Janette and Charmelle’s inheritance?
I believe it could of been what puka told David during the draft of the trust then Janette trying to get $400,000. It was obvious to David.
What were Janette’s, Charmelle’s, and Puka’s feelings about Joe acquiring the house?
Charmelle never expressed anything to me, it was never talked about, she didn’t care
Why didn’t Janette propose contributing to the trust in exchange for money?
Why didn’t Denise remove Janette as a beneficiary?
I don’t like anyone can be remove, by law? It was never a thought in my head.
What exactly was said to J&L to persuade them to move so abruptly?
What exactly constitutes a rash decision in this context:
1. J&L moving to 612 Property to fulfill grandma’s wishes to keep special property in family name.
2. Dissolving the trust
3. Removing beneficiaries
4. Altering existing contracts after J&L sold 413 Property – without notice
In an ideal scenario, how should everything have unfolded?
A meeting the David…all of us from day 1
Did Puka really send all those texts, or was someone else sending them on her behalf? Some texts sound like they were from Janette, especially the ones urging to “SELL THE HOUSE ASAP.”
I believe puka was texting those as that is her character but she is being pushed to say that by Janette.
If Denise and Kevin were aware of all this conflict, why did they allow Joe to sell his house?
The trust house couldn’t be sold because of the amendment. In my wildest dreams, i never foreseen this coming. I didn’t even think they could evict you. Janette spent 3 months of whining after my dad passed so i was just waiting for this to all pass.
Why did no one suggest that I move back?
Should I have halted the sale of my house upon discovering Janette’s objections?
When did Puka become aware that Joe’s rent was covering taxes, insurance, and maintenance?
March 30th, the text massage i sent her.
When did Puka realize she was losing $2,000 in rent per month?
When Janette made it into a rental. It was just suppose to be a house sitting empty till pukas death.
Why was Janette excluded from all meetings until a specific date?
Janette was at work when john showed up at pukas house, it wasnt a planned meeting
What prompted Puka to start including Janette in the meetings?
How can I obtain text message records? Should I look in the phone memory or cloud backup? I have done this before in the past, i already checked my phone and nothing.
Text massage records
1. Get full list of text message records
  1. Marjorie, Janette, & Charmelle: Please Email Relevant Text, Email, & Call Records To Fill Gaps In Timeline update to aid all interested parties in discovering the truth before court ordered discovery starts.
  2. Subpoena.

Timeline In Chronological Order

In 2003, Thomas Puka and Marjorie Puka complete building 612 Property together and move in.
On April 2021, Thomas Puka passes away.
On April 2021, Thomas and Marjorie spent the last 17 years of their lives together before Tomas passes away.
On August 25, 2021, Marjorie Puka creates the Marge Puka Irrevocable Trust (the “Trust”). Exhibit
David Taylor is appointed as Trust Protector.
Denise Powers is appointed trustee by Marjorie Puka.
Janette Golay is appointed as a death beneficiary.
Denise Powers is appointed as a living beneficiary.
Charmelle Puka is appointed living beneficiary.
Marjorie Puka creates a sub-trust to protect Janette’s inheritence.
Marjorie Puka creates a sub-trust to protect Charmelle’s inheritence.
Subtrusts were to be done upon pukas death, not now
Marjorie desires to live closer to family. Exhibit – Affidavit
On March 23, 2022, Marjorie moves closer to daughter Denise Powers.
Marjorie desires to keep special house (the “612 Property”) in family name.
Marjorie desires to live closer to more family.
March 2022
On March 23, 2022, Marjorie and Denise extended an offer to Joseph and Lucinda (J&L), proposing to gift them the 612 Property as a portion of Denise’s inheritance.
On March 23, 2022, Marjorie proposes that the Trust cover any expenses exceeding what Joseph and Lucinda (J&L) can afford, should the cost of the 612 Property surpass their current housing expenses at the Jerome house (the “413 Property”) where they reside at this time.
For tax purposes and simplicity, Marjorie’s trust team instructed Trustee Denise to write preliminary contract under specified conditions.
Upon Marjorie’s death, 612 Property will be transfered into the KDP Trust.
After 612 Property is transferred to the KDP Trust, 612 Property is transferred to J&L.
On March 26, 2022, J&L relocate family to the 612 Property.
On or about March 26, 2022, Trustee Denise text Marjorie specific details about keeping the 612 Property in the Trust until Marjorie passes for capital gains tax purpose.
On or about March 26, 2022, Trustee Denise text Marjorie, “Starting April 1, J&L will pay Marjorie monthly payments for the property taxes.”
On or about March 26, 2022, Trustee Denise text Marjorie, “I will also have J&L pay monthly house insurance.”
On March 30, 2022, Marjorie’s text to Trustee Denise, “You can read Janette’s texts tomorrow. Whew!”
On March 30, 2022, Marjorie’s text to Trustee Denise, “Janette thinks everyone is benefiting here except her.”
On March 30, 2022, Marjorie’s text to Trustee Denise, “Janette thinks her opinions should have been asked about Joe renting the house.”
On March 30, 2022, Marjorie’s text to Trustee Denise, “Janette just asked me if I considered her feelings in doing this.”
On March 30, 2022, Marjorie’s text to Trustee Denise, “I just told Janette that the decision didn’t involve her.”
April 2022
On or about April 1, 2022, J&L sign contract with the Trust.
On or about April 2, 2022, Joseph gives Marjorie $1,000 cash while we’re eating dinner at Texas Roadhouse.
On or about April 7, 2022, Trustee Denise meets with David to make amendment to the Trust.
May 2022
On May 3, 2022, David amends trust instrument to reflect Marjories desire; “In accordance with Section 5.03: Distribution of the Share for Denise, the Trustee shall distribute from the remaining Trust Property the real property commonly known as 612 Northern Pine Ct. Specifically, this distribution shall be attributed to her equal distribution, Denise shall not receive this property in addition to her share of the remaining trust property. The value of the property shall be an agreed amount by all beneficiaries. In the event an amount cannot be agreed upon, at the expense of the Trust, a professional appraiser shall determine the value of the property.
On May 3, 2022, David amends trust instrument, Contest Provision – If, after receiving a copy of this Contest Provision, any person, in any manner, directly or indirectly, attempts to contest or oppose the validity of this amendment (including any amendment to this amendment), or commences, continues, or prosecutes any legal proceeding to set this amendment aside, then such person shall forfeit his or her share, cease to have any right or interest in the property, and shale, for purpose of this amendment be deemed to have predeceased the Grantor without surviving descendants.
June 2022
July 2022
1. On July 19, 2022, Joseph meets with Realtor – Niki McKay – to sell 412 Property.
2. On July 28, 2022, Joseph receives first offer.
3. On July 28, 2022, Joseph signes offer
August 2022
August 7
On August 7, 2022, Trustee Denise text Marjorie that J&L paid, fulfilling their end of the contract.
On August 7, 2022, Trustee Denise clarifies to Marjorie that J&L’s “rent” is to pay house insurance and property tax.
On August 7, 2022, Marjorie does not contest J&L’s “rent” amount or payment.
August 16
On August 16, 2022, Marjorie first approaches David stating she is dissatisfied with the way you were administering her trust and affairs, as well as with how J&L were living in her home rent-free. At this time, Marjorie requested that David remove Denise as trustee and find a way to charge J&L rent. David initially – and many times after – denied her requests as David had concerns.
On August 16, 2022, Marjorie received incoming call from clerk/auditor/recorder to potentially see if the 612 Property is owned by the Trust or if Marjorie is still listed as the owner to potentially put a FOR SALE sign in front of the yard like she did when she bought a house for Charmelle and then kicked her out when she breach their contract.
On August 16, 2022, David emails John: “Hello and good afternoon, I visited with Marge today. You may recall that we established an irrevocable trust about a year ago and nominated your firm as successor trustee upon her death. Denise Powers is currently serving as trustee. I have suggested that your firm serve as trustee now to help keep peace in the family. Assets include two parcels of real property and some investment accounts managed by Brian Scott and his team. I told Marge you would likely want to talk this over with her before accepting. She asked that you call her daughter Janette Golay to set up an appointment to visit.”
August 17
On August 17, 2022, John emails David: “Janette called me after we talked yesterday, and asked if she could come in with her mom today. So I learned that she is wanting to come in at 2:30 today which is in 40 mins. Presumably, they want to talk about distributing the house that Joey Powers is living in presently to Denise as part of her share of the Puka estate. I will listen to them and let them know the tax consequences of distribution, if that is what Marge wants to do. I expect to do more listening than anything. I would like to talk to you a little more about this, later this afternoon, after they have stopped by, because I feel like Denise needs to be in the loop on anything that is discussed as she is the trustee, according to the way Marge has things set up, and I want to talk to you about that. So I plan on making sure that Denise is involved with this, as much as her mom wants her to be. That said, if Marge wants to have the house distributed then I feel like we will all need to help her do that, according to the provisions of the trust and in compliance with tax regulations. So as I said, I expect to do more listening than anything. Please let me know if you have concerns or anything more that you’d like me to do at this meeting. Could I call you around 3:30 or sometime before the end of the day?”
On August 17, 2022, John emails David, Brian, and Cody: “I met with Marge Puka and daughter Janette Golay this afternoon. The meeting went as follows:
1. 1. Marge brought up that she has recently discovered there was no rent currently being paid on her house by her grandson and Denise’s son Joey Powers and that she and her other children were not good with that.
2. 2. Marge expressed that she needs to find a way to distribute the house to Denise so that Denise can have the house for Joey using a fair market value of $400,000 and then in order to keep things even with the other siblings, make distributions of $400,000 to each of the other siblings/beneficiaries. We talked about the fact that financial advisor, Brian Scott may be able to continue to manage $400,000 portfolios for each of the siblings Janette and Charmelle.
3. 3. It was brought up by Marge and Janette about a request that was made to have Martin CPA serve as trustee, in place of Denise, if it were to become necessary. I expressed that perhaps after the distribution is made things could settle down enough so that they would not need to make changes to the assigned trustee.
4. 4. It was talked about in general terms of personal issues they had been having in the family and expressed that I hoped and prayed that things could start settling down after Marge is able to distribute $400,000 to each of the children.
5. 5. We wound up the meeting by telling Marge that Martin CPA will do whatever is necessary in order to help her with this, including serving as trustee for the Marge Puka Trust. Looking forward to: David- Thank you for calling me and suggesting that Marge be the one to talk to Denise about her wishes concerning $400,000 distribution to each child. We will suggest that Marge and Denise meet together in our office conference room so that we can be there to support her when she explains this to Denise. We look to you to continue to provide us with suggestions concerning this issue, and for your help documenting that we are following the provisions of the Marge Puka Trust as we all move forward. If possible, perhaps you could help conveyance of the deed for the property from Marge Puka to Denise. Brian- Marge would like for you to help us by putting together a comprehensive list of the trust assets that are being managed and their values at the present time, also a separate valuation date. We will need to obtain valuation documents of Tom and Marge portfolio as of April 2 for basis purposes the step up basis as of Tom’s documents for valuation amounts as of April 2, 2021 or 6 months after will surface. Cody and John- Prepare basis calculation worksheets using documents by Brian as of April 2nd, 2021. Prepare worksheets to support current values of the Marge Puka Trust assets, prepare worksheets to support Marge’s proposed distributions, and then facilitate a meeting with Marge and daughter Denise.”
August 18
On August 18, 2022, John emails David: “I don’t believe she was meaning a cash distribution but investment accounts that would be allocated to the other two beneficiaries, so it shouldn’t be a problem. They are worried that charging rent to Joey would be a problem. That’s why she wants to do it this way. They were meaning cash distribution as they didn’t understand yet about the lifetime beneficiary or that Janette and Charmelle’s money goes into a trust. See timeline 16.”
On August 18, 2022, John emails David: “Joey does not have the income to make the rent payment with. This is why Marge thought the house distribution to Denise makes sense because then Denise can let her son live there as long as he needs to. Meanwhile, this is really what’s the contention between the siblings, because they and Marge are not good with it like it is. And I know and respect also Denise and Kevin’s position, that they would not be able to pay Joey’s rent which could be $1500- $1900.”
On August 18, 2022, David replies to John: “I’ll let Brian Scott chime in as he doesn’t think there are enough liquidable assets to do the distribution as they want and we need to look into different alternative ways. I think the first step is for Marge to discuss this with Denise (just about how he can’t live there rent-free) then we can propose these options to Marge and Denise. Great work so far team.”
On August 18, 2022, John emails David: “FYI Joey does not have another place to live, so he will need to continue living there, and Margie is telling me that he does not have the income to make a rent payment. She does not want Denise and Kevin to have to make the payments either. The allocations of investments to her daughters is what Margie has been telling us she wants to do.”
August 22
On August 22, 2022, John emails David: “We scheduled a time for a phone conference with you and Marge at 2:30. I believe that it will be helpful for you to explain to her how
On August 22, 2022, Marge calls Denise: “Marge called Denise and said she and John Martin need to come over after dinner to discuss something. After dinner, Marge and John come over. Marge said that Denise needs to go to David Taylor’s office tomorrow and sign papers so Janette can be added as a lifetime beneficiary. John wanted me to log into the financial account and see the balance and if I could print it up. Something sounded fishy so I made up that I couldn’t get logged in. I walked my mom home and John stayed behind and told Kevin that he is going to forward him emails and to forward them to Denise but he didn’t say what or why.”
August 23
From August 16 to August 23, 2022: “This was all kept secret and Denise finally knows the whole story.”
On August 23, 2022, at around 9:00 am, Marjorie, Trustee Denise, Charmelle, and Kevin meet with John Martin.
On August 23, 2022, early Tuesday morning, Denise calls David Taylor: “Denise called David Taylor asked what this paper was that I need to sign, what is a lifetime beneficiary and why is Marge wanting Janette added. Apparently, David thought I knew everything by now and didn’t- and he said so that Janette can have distributions from the trust while your mom is alive like both Charmelle and I can. Denise responds back to David and says–it sounds like Janette is in the driver’s seat and David agrees–next Denise went to Walmart after I called David Taylor and got back in my car and checked my emails and I had a bunch of forwarded emails from John Martin that were between John and David stating that Denise is going to be gifted the house and Janette and Charmelle are going to receive $400,000 each. I about came unglued and texted John right away and told him that no one was getting any money and the house stays in the trust until Marge passes..period !!”
On August 23, 2022, Tuesday before lunch, Denise takes a walk: “Denise was taking a walk and saw John walking up to Marge’s house so I thought I would stop by and say hi, we ended up talking about the trust home and called Kevin and put him on speaker. We discussed every option possible and Charmelle finally said, we just need to leave things and Charmelle said that she would call Janette and tell her. Marge gave John a great big hug and told him thank you.”
On August 23, 2022, at 10:39 AM, Denise emails David: “Denise emails David and states that Joe is paying property taxes, house insurance-also concerns of rent going into trust as beneficiaries will need a K-1 and Denise and Kevin can’t claim any income this year or will lose health insurance discount. My big question is: the house that my mom and sister live in, do they need to be paying rent to the trust? I did come across an article that said a beneficiary can live in it rent-free. David’s 1st awareness of what Joe is paying and Marge needed to pay rent.”
On August 23, 2022, Denise emails David. So the house that our son lives in, he does pay the insurance and property taxes in a monthly payment aka rent. but john brought it to our attention that this rental income, the beneficiaries will get a k-1 every year which wouldnt be a problem but me and kevin barely qualified this year for the health care deduction (obamacare or whatever it is now called) and we cant make any income this year or we wont qualify and will have to pay back the difference. john mentioned that we could transfer that house to our trust. my big question is: the house that my mom and sister live in do they need to be paying rent to the trust? i did come across an article the said a beneficiary can live in it rent free lastly on mine and kevin trust, i did find 2 minor errors on page 7 and 10-1 joseph powers is listed as our daughter, 🙂
On August 23, 2022, at around 11:00 am, Marjorie, Trustee Denise, Charmelle, and Kevin, and John Martin resolve issue of Janette not being shown as a beneficiary of the trust’s income and distributions during Marjorie’s lifetime.
On August 23, 2022, at 2:13 PM, John emails Marge, David, Denise, Cody, Brian, and Kevin: “Hello David and everyone, David, thank you for talking to Marge and me yesterday and thank you for listening to Margie’s concerns that the trust does not yet do what she intends, and thank you for letting the family know that you are able to make the necessary corrections so that Margie can rest easier. In our meeting with Margie, Denise and also Kevin yesterday afternoon-when John and Marge came to Denise’s house telling me that I need to add Janette as a lifetime beneficiary then John list a whole sheet of what took place in the meeting. 5. Margie told us in the meeting and again after the meeting, she emphasized to me that she does not intend to pay rent for living in a house that she has herself paid for, does not understand why that would be necessary, we need to consider the benefits for Margie’s house, the one she lives in now being in the trust. We discussed again that if the house remains in the trust, that in order for the trust to operate correctly that she would need to pay reasonable rent for living. (Same issue as with Joey in the 612 house) This is because the house would not belong to her. I think John was a little confused about our meeting to leave things as is…did he think we are going forward with the secret meeting plan? Maybe this is why John call my mom several times before bedtime on outline 28?”
On August 23, 2022, at 3:48 PM, David emails John, Marge, Denise, Cody, Brian, and Kevin: “John- thanks for all your help, I spoke with Denise this afternoon and I believe we have everything straightened out. There is currently no meeting on Friday.”
On August 23, 2022, at 4:51 PM, David emails Denise and Brian: “I am writing to you in your capacity as attorney-in-fact and trustee, Mr. Martin continues to call and email Brian Scott and I, we are concerned because what he is asking us to do would cost $10,000+ in legal fees, violates the terms of the trust, go against what I believe are your mother’s wishes, and have severe tax consequences for the lifetime beneficiaries. If you would like me to continue to engage with Mr. Martin, I will do so at my hourly rate of $300 per hour, otherwise, I am going to assume that I do not have permission to speak with him regarding this matter. As I stated on the phone, I think it would be best for the family to have some discussion and then you can circle back to the advisor for options.”
On August 23, 2022, at around 5:05 pm, John emails Brian Scott, Cody Martin, Denise, Kevin, and Marjorie, “I just talked to marjorie and she told me the two girls (Charmelle and Janette) are OK with not setting up a separate trust for each of them. It seems that the original Marjorie Puka Trust may be able to cover all the bases, with the one correction of having Janette included. Marjorie says that Janette said that she is fine with leaving the investments in the Trust “where it can continue to earn money for mom.” She also said that Denise will be receiving the house on 612 as a distribution to her and that it would go into Denise’s trust. Margie is happy now that the amendment will be made to include Janette, along with the other two girls as beneficiaries of trust income and principal.”
On August 23, 2022, at 8:32 PM, Denise emails David: “After I talked to you on the phone yesterday, John forwarded me a bunch of emails. This is all making more sense now. Janette and Kelley are the master manipulators behind all this chaos. I had no idea Janette and Kelley were talking to anyone. Kevin had a nice conversation with John. John is so sorry for everything he was doing as he was being manipulated by Janette and Kelley and he thought he was just helping to get us three siblings back as a family. Janette and Kelley are even manipulating my mom as she is so vulnerable and my mom will agree with anything. That is why my dad chose me to take care of and manage all his money as he has zero trust in Janette. He knew I would continue with his wishes. No changes are going to be made to anything. No money is going to be given to Janette or Charmelle. My dad’s wishes are to make that money grow for his 3 kids. Janette has been causing so much trouble since my dad passed. David knows a lot of the story and that is why my mom set up everything like she did. I do have one concern, it was mentioned in an email forwarded from John that Janette wants me taken off as trustee and have John Martin be trustee. (Now that John knows the whole story of both sides, he won’t do it. Janette is going to try her best to manipulate my mom to get me off as trustee, is that possible?”
**Phone calls between John and Marge on August 23, 2022
1. 4:39 pm- john to marge 10 mins
2. 5:20 marge to john 11 mins
3. 6:27 marge to john 9 mins
4. 8:36 pm marge to john 3 mins
On August 23, 2022, at 10:15 pm, Marjorie texts Denise, “I am just going to let everything stay as is. You have done such a great job with this estate. No one could have did it but you.”
August 24
On August 24, 2022, at 8:17 AM, Denise emails David: “Thank you, David, for watching over my mom and her best interests. Regarding her trust, you know my mom’s wishes from last year and that is how her trust was built around and that is how I want everything to stay ‘my mom’s wishes.’ If someone else takes my place as trustee, that is going to give Janette and Kelley the power to manipulate that person just like they were manipulating John Martin into changing mom’s trust. I want to continue to protect my mom, her wishes, and her trust from predators like Janette and Kelley – me and my mom warned you about.”
On August 24, 2022, at 8:33 AM, David replies back to Denise: “Thank you for those emails. Your mom (and your dad) are so lucky to have you. I agree with everything you said- we put a lot of work into establishing this plan last year and I believe those are truly your mom and dad’s wishes. The way we have this set up (as with all irrevocable trusts) the only two people that can change the trust plan are me and a judge. Janette cannot unilaterally change the trustee without going through me first and as you can tell I wouldn’t dare think of that without going through you. John seems to think that you as trustee is causing a rift in the family. I disagree. But if ever for some reason we think it’s best to have someone else as trustee, my recommendation would be to have an independent (third party) trustee. I do owe you an apology, I maybe waited too long to get you involved. I was really hoping that John would have talked to you sooner before I got involved. I know he means well but he grossly misunderstood the situation, both Brian and I were concerned with how much he was advocating for the estate plan to be changed. I am glad he is on the same page now. Needless to say, I have your back and I know in my heart that you are the right fit to help your mom, sorry for any inconvenience or frustration this ordeal may have caused.”
On August 24, 2022, at 8:45 AM, Denise replies back: “Thank you for all your reassurance, John wanted to deeply express how sorry he is toward you he thought he was doing this to bring the siblings together as he has known all of our family from way back. He was in shock to find out the truth.”
On August 24, 2022, at 8:40 AM, Charmelle texts Denise: “Mom just woke up and I told her Janette took the day off work and is coming over.” Denise replies back to Charmelle: “OMG! Run lock the doors.” Charmelle replies back to Denise: “She started to panic for a minute then I told her just kidding, I wanted to start her day off the be stressful (laughing emoji).” Denise replies back to Charmelle: “(2 laughing emojis) You are so cool.”
On August 24, 2022, before lunch, Marge writes John a check: “Marge writes John a check for his service and in the memo state-thanks John $1720. Marge is standing in the kitchen and receives a text message and drops her chin to her chest and sighs. Denise asks Marge what is wrong. Marge shows Denise the text message from Janette which states: ‘Are you sure you don’t want to add me and Charmelle as trustee along with Denise so we can all make decisions together?’ Denise uses her phone and takes a picture of it…unfortunately, I don’t have it anymore.”
On August 24, 2022, Denise takes check to John Martin’s office.
On August 24, 2022, at 5:50 PM, Janette texts John Martin: “Hi John my mom was going to set up an appointment with David for her and I to talk options, such as dissolving the trust, she has decided not to. My mom is feeling defeated she says she is leaving the home for Joe to live in rent-free as there are no options. She feels she would lose too much money by selling it. I assume you would have ideas for her? She is worried about changing the trust as that would cost $10,000 and the capital gains if she sold the house would be too much. If she reaches out to you, do you have ideas? She does not want to reach out to you since you want to be involved with everyone, I understand, but can you give her ideas and let her know how much it would cost her to the house, I appreciate your advice to her as she is so overwhelmed.” (This is the first discovery of a breach of contract as a fact.)
On August 24, 2022, John Martin informs Denise that Janette is texting him.
On August 24, 2022, Marjorie pays John Martin $1,720 with momo line saying, “Thanks John.”
On August 24, 2022, at 12:16 pm, John text Denise, “Denise, is everything working out OK now? I’m hoping that is ok now.”
On August 24, 2022, at 12:16 pm, Denise text to John, Everything is good. Thanks John.
On August 24, 2022, at 1:04 pm, Janette texts John Martin without Marjorie’s knowledge or permission.
On August 24, 2022, at 1:04 pm, Janette texts John Martin stating Marjorie is going to setup an appointment wth David, Janette, and Marjorie to talk options
On August 24, 2022, at 1:04 pm, Janette texts John Martin stating Marjorie is may want to dissolve the Trust.
On August 24, 2022, at 1:04 pm, Janette texts John Martin stating Marjorie is leaving the 612 Property for J&L to live in rent free.
On August 24, 2022, at 1:04 pm, Janette texts John Martin stating Marjorie is worried about changing the Trust.
On August 24, 2022, at 1:04 pm, Janette texts John Martin stating Marjorie is worried about the cost in changing the Trust.
On August 24, 2022, at 1:04 pm, Janette texts John Martin stating Marjorie is worried about selling the 612 Property because of capital gains tax.
On August 24, 2022, at 1:04 pm, Janette texts John Martin stating Marjorie does not want to reach out to John Martin herself.
On August 24, 2022, at 1:04 pm, Janette texts John Martin stating Marjorie want to know how much it will cost to sell the 612 Property.
On or about August 24, 2022, John Martin Text Janette, “Finally, Marjorie, and she did not remember this, requested that J&L stay in the house so they could keep it in the estate, and he left his Jerome house in order to accommodate her. He is paying more in property taxes and utilities than he paid for his house payment etc in Jerome, and he did it at Marjorie’s request. Also, he is making sure the property stays well repaired – So that it keeps its value). It was mentioned today that perhaps Charmelle or your kids could’ve done this too. Buy Joe was the one that Marjorie requested at the time. So it’s a done deal and there’s nothing to be said more about that.
On August 24, 2022, at 6:13 PM, Denise texts Charmelle: “Are you home? Janette is still causing trouble. We all need to talk with Janette on speaker.”
On August 24, 2022, Charmelle texts Denise, “Yup I’m here.”
After 6:13 PM on August 24, 2022, Charmelle calls Denise to meet her outside down the street to talk: “Charmelle tells Denise that mom is sitting at the bar stool with paper and pen in front of her banging her head with her fists trying to figure out what to do. Apparently, Janette is still trying to convince mom?”
August 25
On August 25, 2022, Kevin and Denise have an appointment with David and mention a cease and desist. Denise gives David a copy of the trustee/Joe contract.
On August 25, 2022, Janette and Kelley are both texting John Martin: “Going over the same issues.”
On August 25, 2022, at 12:24 PM, John texts Denise: “I was asked by Kevin to refer everything back to you. So I need to tell you that Janette and Kelley are both reaching out to me this morning. I did not respond to Kelley. Told Janette we are no longer working on this. She brought up the same issues and I told her each of the issues were resolved, and that I can’t continue to work on it and that I have commitments to work on other things this week. If she will accept that, then everyone can move forward (I feel like she probably won’t call me again). I pray for you and your family members, that you can get this behind you and that you and Janette can get back on speaking terms. Have a good rest of the day.”
On August 25, 2022, at 12:55 PM, Denise texts Charmelle: “John Martin got text messages from Janette and Kelley today trying to go over all the same issues. I will forward it to you. I am telling you, this is not going to stop. I have an idea to run by you, it’s called a cease and desist. What that is, it’s just a letter sent by certified mail stating that everything that needs to stop and if it continues, we will proceed with the next actions.”
Charmelle immediately responds: “Remember when I said Janette asked me to talk to mom last night about keeping her appointment with the lawyer to see other solutions? I messaged her and told her mom was thinking about it and then she got that message from John. I reminded her that I tried a couple of different options and that Kevin did not think it was fair to him. I told her I didn’t think there were any other solutions and neither did the lawyer. I told her that mom is just going to keep things how they are even if some of us think things are unfair, it’s just time to move forward. I don’t want the stress and I don’t want mom to stress anymore, it’s mom’s decision and she tried to find other solutions but nothing will work.”
On August 25, 2022, in the evening, Charmelle texts Denise: “Now I have Janette messaging me as I think mom messaged her and said what happened and everything’s been saying. Uggg I let her know that everything has to just stay as it is. Even if mom was and could dissolve the trust, kick Joe out, sell the house, it’s probably not even worth it. Paying $10,000 to dissolve it, put the house on the market, paying the realtor fees and taxes. Then the money just goes into the trust and it won’t be gaining any interest there… so that is…”
On August 25, 2022, at 12:24 pm, John text Denise, “Janette and Kelley both reached out to me this morning. I did not respond to Kelley. Told Janette we are no longer working on this. She brought up same issues and I told her each of the issues were resolved, and that I can’t continue to work on it, and that I have commitments to work on other things this week – If she will accept that, then everyone can move forward. (I feel like she probably won’t call me again.) I pray for you and your family members, that you can get this behind you and that you and Janette can get back to being on speaking terms.
On August 25, 2022, at 12:55 pm, Charmelle text Denise, “Remember when I said Janette asked me to talk to Mom last night about keeping her appointment with the lawyer to seeing other solutions. I messaged her and told her mom was thinking abou tit and then she got that message from john. I reminded her that I tried a couple different solutions and that Kevin did not think it was fair to him. I told her I didn’t think there were any other solutions and neither did the lawyer. I told her mom is going to just keep things how they are. Even if some of us think things aren’t fair, it’s just time to move forward. I don’t want to stress, I don’t want mom to stress anymore. It’s mom’s decision and she tried to find other solutions but nothing will work.
Denise texts back to Charmelle: “I think we all need to put locks on the gates… everyone just needs to ignore Janette and never respond to her texts or phone calls.”
On August 25, 2022, at 12:55 pm, Denise text Charmelle, “Everyone just needs to ignore Janette and not respond to her texts or phone calls.”
On August 25, 2022, at 12:55 pm, Charmelle text Denise, “Uggg I can’t do that. I’ll just tell her mom’s decision is made. There’s no solution. Every time she says something I’ll say that.”
On August 25, 2022, at 12:55 pm, Denise text Charmelle, “I just don’t like her harassing mom and just want to see her stop.”
August 26
On August 26, 2022, at 10:56 AM, Denise emails David: “Me, Charmelle, and Janette are trying to figure out a solution as all Janette wants is for Joe a fair amount of rent for living in that house and if that can’t happen then she wants $400,000 of her inheritance now or me and Kevin buy the house for $400,000. Charmelle agrees that there is no solution and to just keep everything as is, Janette is not going to let this go and is causing so many problems. Just a thought I wanted to run by you. I have never wanted or wished to be paid as trustee as it was out of the goodness of my heart, can I be paid as trustee? If so, how much? My thought was, if I can be paid as trustee, in return pay the fair market rent for the house Joe is living in, that way everything is balanced out and cancels each other.”
On August 26, 2022, at 4:33 PM, David replies back to Denise: “Sorry again for all this. Well, we’re definitely not going to give her $400,000 now. That would be unfair to mom and take a significant portion of the estate away from her, also, I don’t think Janette realizes that it’d be better to leave the home in the trust since the home will ‘likely’ appreciate in value, so if she just waits, then all the better. Also if we’re charging Joe rent we should also charge Marge and Charmelle rent, I don’t see her getting upset about not charging them rent, just something for you to consider—if you buy the house now, you’d be buying it at a discounted rate. I know the housing market is crazy at the moment but that property is likely to go up in value. So instead of it being hypothetically $450k at Marge’s death, you can get $400k now. I don’t mean to take Janette’s side in any way—just thinking out loud. You can pay yourself as trustee although it’s probably not going to be the amount to the value of rent. A non-professional trustee typically gets anywhere from $34-$55 per hour, but… you’d have to report that as income if you pay yourself more than $600 in a year and obviously we can’t do that.”
August 31
August 31, 2022: Marge proposes to David during a meeting to distribute the rent value to Charmelle and Janette. David informs Marge that they cannot pay rent money from the trust to any of the beneficiaries, making Marge aware that they can’t have $2000.
August 31, 2022: Andrea is admitted to the hospital.
September 2022
September 1, 2022: Andrea is placed on hospice.
Around September 1, 2022, Charmelle texts Denise: She explains that Denise is getting a house that will be taken out of her inheritance when Marge passes. She also mentions that Joe is benefiting from living in Marge’s house rent-free. Charmelle suggests that a fair solution would be for each daughter to get a rent waiver for the house every month.
On or about September 1, 2022, at the request of Marjorie, David Taylor disseminates letter to Marjorie clarifying J&L’s contract to send to, Janette, Denise, and Charmelle.
On or about September 1, 2022, Marjorie sends David’s letter to Janette, Denise, and Charmelle.
On or about September 1, 2022, Denise sends David’s letter to J&L.
On or about September 1, 2022, at the request of Marjorie, David Taylor’s letter states, “Marge came to me a few months ago and said she would like to keep the hom that she and Tom built in the family.”
On or about September 1, 2022, at the request of Marjorie, David Taylor’s letter states, “We created a plan for J&L to occupy the home until Marge passes away.”
On or about September 1, 2022, at the request of Marjorie, David Taylor’s letter states, “J&L are responsible for paying the taxes, insurance, and maintenance on the home while he occupies the home.”
On or about September 1, 2022, at the request of Marjorie, David Taylor’s letter states, “Upon Marge’s death, the value of the home will be calculated (either as agreed or by a professional), transferred to Denise, and then subtracted from her share of the inheritance.”
On or about September 1, 2022, at the request of Marjorie, David Taylor’s letter states, “When Marge approached me with this idea, I had no concerns about the unfairness.”
On or about September 1, 2022, at the request of Marjorie, David Taylor’s letter states, “The benefit Charmelle and Janette have in this is the increased value at Marge’s death.”
On or about September 1, 2022, at the request of Marjorie, David Taylor’s letter states, “Because the value is to be calculated at Marge’s death, more will be taken out of Denise’s inheritance share and distributed to Charmelle and Janette.
On or about September 1, 2022, at the request of Marjorie, David Taylor’s letter states, “I think the best solution is to keep the home in the Trust in case Marge needs it back and because all things will be fair when the ultimate distribution occurs.
On September 9, 2022, Joseph sells house in Jerome with reliance on the contract he has with the Trust under the conditions offered.
On or about September 9, 2022, Charmelle text Adam (Racheal’s husband), “I want what is best for Marjorie, Marjorie wants things in the trust to change. Everybody saying and putting the blame on Janette for Marjories’s decisions and that’s not true. Marjorie’s own estate planner David turning on her and running to Trustee Denise every time Marjorie goes in to get a document. David not doing what Marjorie wants. The Trustee of Marjories estate which is Denise has it set up that J&L lives in Marjories house for free until Marjorie passes. Marjorie thought J&L would be paying rent. Marjorie didn’t understand that rent meant $1500 a year! The rent for that home is $2500 a month which Marjorie is losing out on. My dad would totally flip out if he knew a grandchild was living in his house for free! Yes at the time Marjorie was upset and sad leaving her house that Marjories’s spouse built. Denise had made a rash decision to keep the house in the family and let her son Joseph move in. I think when Marjorie moved out J&L moved in a couple days later. If Denise had Marjories’s best interest the house could have sat for a couple months until Marjorie decided what she wanted to do with the house. I feel Denise was only looking out for her best interest and J&L’s best interest not Marjories’s. Marjorie was still grieving over the loss of her spouse and was not in her right mind. Denise ran into Marjorie’s estate planner David and telling him Charmelle and Janette are both greedy and hungry for my marjories’s money. We both just wanted compensated monthly. Since Denise is gifting J&L getting to live in Grantor’s house which is $2500 a month, Charmelle and Janette both wanted to be compensated, not $2500 a month but $2000 a month. That’s more than fair and we are called greedy! I argued with Kevin on the phone telling him how Denise made such a rash decision. Kevin should just flat out by the house for J&L himself. Kevin told me that that is his money and a mistake was made and I need to deal with it.”
September 13, 2022, at 8:53 AM, David emails Denise: He informs her that he doesn’t have any new information on Marge’s trust and mentions that Marge is not happy with him. He has sent Marge a response letter for review.
On September 13, 2022, Trustee Denise emails David, “Marjorie wants her binder, I told her she can get a digital copy from you is she wants it.”
On September 13, 2022, Trustee Denise emails David, “I also told her I am not gonna give her the original binder as I feel she is going to let Janette study it page by page and use it as a weapon against me.”
On September 13, 2022, David emails Trustee Denise, “I don’t have anything new or enlightening on your mom’s trust, other than she’s not happy with me at the moment.”
On September 13, 2022, David emails Trustee Denise, “I told her that anyone who is asking for an inheritance while she is living is a predator and I’m going to protect her assets from said predator(s).”
On September 13, 2022, David emails Trustee Denise, “Marjorie is looking over a response letter I drafted about a week ago.”
On September 17, 2022, Andrea did not want Charmelle coming over anymore and stopped talking.
Around September 18, 2022: Marge texts Denise, harassing her to have a $2000 check for Janette and Charmelle from the Puka Private Annuity Trust. This continues until Denise is removed as trustee.
On or about September 28, 2022, Marjorie text Trustee Denise, “What’s best for me is to sell my home ASAP on Northern Pine Court. The house market was hot and now is dropping and leveling off. You are able to break that contract and Get Joe out. I would have to pay about $18,000 in capital gains tax. I am losing $2,000 that I could get in monthly rent and also the home is depreciating in value.”
October 2022
October 2, 2022, at 7:47 PM, Denise emails David: She expresses her frustration about the ongoing family issues and suggests a family meeting to resolve them.
On or about October 2, 2022, Janette text Denise’s daughter Racheal, “Marjorie got a hold of her Trust and was not happy with the restrictions Denise placed on Charmelle and I. Marjorie also says she was waiting for a rent check from J&L and later found out that they were living in the home free. Marjorie had me go to the financial planner to have Charmelle and my names added on as Trustees with Denise so when decisions were made we would all be involved. That did not happen.
October 3, 2022, at 10:57 AM, David replies to Denise: He is not opposed to a family meeting but clarifies that Marge is not happy with him. He mentions a recent visit from Sara Jacobia, who observed that Marge seemed very distorted and not herself.
On October 3, 2022, David emails Trustee Denise, “Your mom is still unhappy with me.”
On October 3, 2022, David emails Trustee Denise, “Once I told her I don’t trust Janette our relationship drastically changed.”
On October 3, 2022, David emails Trustee Denise, “Marge came to our office about mid-September and told my staff she was going to see another attorney: Kara Gleckler.”
On October 3, 2022, David emails Trustee Denise, “Kara said Marge had an appointment with her last week (I think 9/29), but she cancelled it.
On October 3, 2022, David emails Trustee Denise, “Just this morning, Marge came in and asked for copies of her old trust document.”
On October 3, 2022, David emails Trustee Denise, “My staff provided it to her.”
On October 3, 2022, David emails Trustee Denise, “Marge said something to the effect of, “I’m going to file this in my attic and then I’ll be done with you forever.””
On October 3, 2022, David emails Trustee Denise, “Last week, Sara Jacobia from Brian Scott’s office came over to discuss Marge with us. She said that Marge seemed very disoriented and couldn’t remember Brian’s name. Sara couldn’t exactly pinpoint what was wrong, but she said that Marge was definitely not herself.”
On October 11, 2022, Marjorie cancels 612 Property insurance.
On October 13, 2022 David Taylor removes Denise Powers as Trustee.
On October 13, 2022, David Taylor adds Janette as Trustee.
On October 13, 2022, David Taylor adds Charmelle as Trustee.
October 14, 2022, David emails Denise: He informs her that Marge likes the idea of a meeting and will discuss it with Charmelle and Janette.
October 14, 2022, Denise emails David: She expresses her resignation to the situation, anticipating further issues.
October 14, 2022: David encourages Denise to get an attorney and recommends Kara Glecker.
On October 14, 2022, David Taylor sends Denise letter, “Joseph is to pay a monthly rent or vacate the premises. This will be a tenant-landlord arrangement and J&L will receive a family discount off the rent. Alternatively, we can discuss options for you and Kevin to purchase the home from the Trust or make arrangements fro J&L to move out.”
On October 15, 2022, Joseph talks to Janette on the phone (audio recording) requests an in person meeting with Marjorie Puka, Janette, Charmelle, Denise Powers, et al.
On October 15, 2022, Marjorie, Janette, and Charmelle refuse the offer to have an in person meeting of the minds to come to an actual agreement.
October 16, 2022, Denise replies to David: She expresses her readiness to fight to protect Marge and her trust against predators and inquires about her status as trustee.
October 17, 2022, David replies to Denise: He confirms that Denise has been removed as trustee, replaced by Janette and Charmelle as co-trustees. He also mentions that Marge has requested Joe to pay rent or vacate the premises by November 1st.
On October 17, 2022, J&L receive Pay or Quit demand letter from David Taylor.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle for a more definite statement and clarification of the issues for J&L to better understand any and all alleged violations.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle to provide J&L their delegated authority, regulatory authority, and statutory authority for addressing respondent in this matter.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle to provide the exact legal and lawful promulgated provisions of the declaration, citations of relevant sections of the Trust agreement, rules, statutes, et al., including but not limited to numeric and/or alphanumeric sections and subsections of such declaration and/or original contract terms that has been purportedly violated.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle demanding a validation that is competent evidence and strict proof that Marjorie, David, Janette, and Charmelle have a legal and lawful authority to be corresponding with J&L regarding the active contract J&L has with the Trust.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle verify they’re truly acting within the scope of the fiduciary relationship tot he occupants of the 612 Property concerting this matter.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle offers settlement offer to honor original contract.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle to respond to offer to accept, refuse, or give tacit acceptance to honor the original contract within 72 hours.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle notifying them that sending unsubstantiated demands for payment of monetary value through the United States Postal Service might constitute Mail fraud under Title 18 USC 1341 and/or Theft (extortion) under Idaho statue 18-2403.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle notifying them of Title 18 Chapter 26, evidence falsified or concealed and witnesses intimidated or bribed.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle notifying them of Title 6 Chapter 3, forcible entry and unlawful detainer.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle notifying them of H-6, tenant and landlord rights and common landlord violations.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle of Breach Of Contract.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle of Tortious Interferrence.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle notifying them of eviction process in idaho with cause, without cause, removal of tenant via court order, and illegal eviction.
On October 17, 2022, Joseph send Demand Verification letter to David, Marjorie, Janette, and Charmelle citing Matt 18:15-22, the due process procedure that Christian’s living under the new covenenat of Jesus are required to do in order to not be rendered a heathen or pagan.
October 18, 2022, Denise replies to David: She expresses her wish to withdraw as a beneficiary and be completely taken out of the will, with the only request to keep the contract between Denise, Joe, and Lucinda in place. She emphasizes her loyalty to family over money.
October 18, 2022, David replies to Denise: He acknowledges that he found no fault in her actions as trustee and attributes the ongoing issues to misunderstandings. He agrees that Denise’s request to withdraw as a beneficiary is reasonable and commits to advocating for her position with Marge. He also highlights the unfairness of evicting Joe, given his reliance on previous living arrangements.
October 18, 2022, David emails Denise: He conveys Marge’s preference for Joe to either pay rent or vacate the property, marking a significant change from their agreement in April. Marge also expresses her desire to retain the option to sell the house.
On October 18, 2022, David sends Denise email, “I didn’t find anything wrong with your actions as Trustee.”
On October 18, 2022, David sends Denise email, “It doesn’t seem like a meeting between you and your sister to clear things up will happen (despite our efforts).
On October 18, 2022, David sends Denise email, “I did try to convey to your mom that evicting J&L isn’t eaclty fair to them because they sold their house in reliance on the living arrangement.”
On October 18, 2022, David sends Denise email, “I spoke with Marge and she would rather J&L either pay rent or move out. I know this is a complete 180 from when we all met in April.”
On October 18, 2022, Marjorie and/or Charmelle email shares to Joseph Zillow 10 properties between 3:51 pm to 4:51 pm..
On October 18, 2022, Joseph sends Marjorie and/or Charmelle Cease & Desist letter, first attempt, stating, “All who are involved in harassment and annoyance CEASE & DESIST any and all forms of contact and communication with Joseph R. Powers. Do not contact myself for any reason outside of our contractual relationship and court proceedings. Any further communication will be considered harassment and annoyance, as per Idaho Statute 18-6710. As per Idaho Statute 18-6711, the first offense is a misdemeanor and the second offense is a felony.”
On October 18, 2022, Marjorie and/or Charmelle email shares to Joseph seven (7) more Zillow properties between 5:00 pm to 5:15 pm.
On October 18, 2022, Joseph sends Marjorie and/or Charmelle Cease & Desist letter, second attempt, stating, “All who are involved in harassment and annoyance CEASE & DESIST any and all forms of contact and communication with Joseph R. Powers. Do not contact myself for any reason outside of our contractual relationship and court proceedings. Any further communication will be considered harassment and annoyance, as per Idaho Statute 18-6710. As per Idaho Statute 18-6711, the first offense is a misdemeanor and the second offense is a felony.”
October 19, 2022: David withdraws from the situation, stepping back from his involvement.
On October 19, 2022, David responds to Josephs Demand Verification letter, “I no longer represent Marge nor Janette/Charmelle (trustees) in the Trust’s claim against you. Please direct all correspondences to Janette and Charmelle or their replacement attorney (currently unknown).”
On October 21, 2022, Marjorie does not accept, refuse, or respond to J&L’s Demand Verification letter, thus providing tacit agreement to honor the original contract.
On October 21, 2022, Janette does not accept, refuse, or respond to J&L’s Demand Verification letter, thus providing tacit agreement to honor the original contract.
On October 21, 2022, Charmelle does not accept, refuse, or respond to J&L’s Demand Verification letter, thus providing tacit agreement to honor the original contract.
On October 26, 2022, Joseph texts Charmelle, “What’s the best way to send you [Trust] money? PayPay, Venmo, Zelle, etc? (Invoice automatically created). Or is it best if I pop by real quick with a check or cash? (Written invoice needed).
On October 26, 2022, Charmelle texts Joseph, “You can ask our attorney, would you uliek her name?”
On October 26, 2022, Joseph texts Charmelle, “Yes please.”
On October 26, 2022, Charmelle texts Joseph, “When the lease is signed you can take it into David Taylor and ask him how to pay rent.”
October 27, 2022: Wright Brother Law Office sends a letter, acknowledging Marge’s awareness of the contract between the trustee (Denise), Joe, and Lucinda.
On October 27, 2022, Joseph text Janette, “Not quite sure I understand the position you’re taking or the direction we’re heading. By not responding to my [Demand Verification] letter, you agreed to honor the original contract we have with the trust. David Taylor responded to my letter within 24 hours and withdrew from the claim. Are you now saying that you now wish to move forward with breaching the contract J&L have with the Trust?”
On October 27, 2022, Janette text Joseph, “Hi Joseph, David’s letter stated the conditions. I believe Denise will be getting another letter.”
On October 27, 2022, Joseph text Janette, David’s letter to J&L demanded a breach of contract plus unsubstantiated demands for money thru the US Mail. What am I missing? Your first communications with me were from a lawyer demanding a unilateral alteration of an existing contract (without a meeting of the minds). Then you all tacitly agree to honor the original contract by not responding to my demand verification letter.” “Can you please clarify? Are you honoring the original contract I have with the Trust? Or. Are you intending to breach and/or interfere with the contract?
On October 27, 2022, Janette text Joseph, “No, Marjorie is not honoring the contract signed by J&L and Former Trustee Denise.
On October 27, 2022, Brooke Redmond from Wright Brothers Law Office sends letter to Denise, “Reference is made to the purported lease agreement/life estate you entered into on behalf of the Trust with your son Joseph Powers. Such agreements permits to Joseph to essentially live in a home owned by the Trust rent free for the rest of Marge’s life. This was done without Marge’s knowledge or consent. While Marge did agree that Joseph could live in the home, she anticipated that he would be paying rent for his use of the property.In fact, at one point, I understand that you found an investor that would purchase the house from Marge, with Joseph paying rent (and you covering any shortfalls that Joseph could not afford). When this fell through, I understand that you and your husband were going to buy the home with Joseph paying rent. However, when both of these matters fell through, it was set up so that Joseph would pay rent to Marge. Despite this, you elected to unilaterally permit Joseph to live in the house for the foreseeable future entirely rent free (despite all initial dealins contemplating rent). Giving that Joseph is your son, this appears to be impermissible self-dealing and is certainly a breach of fiduciary duties to the Trust. This is undoubtedly not how a reasonable person would deal “with a property of another.” See Idaho Code 15-7-302. Given the foregoing, demand is hereby made that you arrange for Joseph to vacate the property or to arrange for the Trust to receive monthly rent in the amount of $2,000.00. If Joseph is unwilling or unable to pay this amount and refuses to vacate the property, Marge expects that you, as the party that wrongfully entered into this agreement, to pay this fair market value.
October 28, 2022: Hannah is life-flighted to Salt Lake City, facing a critical medical situation.
On October 28, 2022, Joseph gives the Trust bank a check for six months of property tax and house insurance to
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle for a more definite statement and clarification of the issues for J&L to better understand any and all alleged violations.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle to provide J&L their delegated authority, regulatory authority, and statutory authority for addressing respondent in this matter.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle to provide the exact legal and lawful promulgated provisions of the declaration, citations of relevant sections of the Trust agreement, rules, statutes, et al., including but not limited to numeric and/or alphanumeric sections and subsections of such declaration and/or original contract terms that has been purportedly violated.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle demanding a validation that is competent evidence and strict proof that Marjorie, David, Janette, and Charmelle have a legal and lawful authority to be corresponding with J&L regarding the active contract J&L has with the Trust.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle verify they’re truly acting within the scope of the fiduciary relationship tot he occupants of the 612 Property concerting this matter.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle offers settlement offer to honor original contract.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle to respond to offer to accept, refuse, or give tacit acceptance to honor the original contract within 72 hours.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle notifying them that sending unsubstantiated demands for payment of monetary value through the United States Postal Service might constitute Mail fraud under Title 18 USC 1341 and/or Theft (extortion) under Idaho statue 18-2403.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle notifying them of Title 18 Chapter 26, evidence falsified or concealed and witnesses intimidated or bribed.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle notifying them of Title 6 Chapter 3, forcible entry and unlawful detainer.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle notifying them of H-6, tenant and landlord rights and common landlord violations.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle notifying them of potential Breach Of Contract.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle notifying them of potential Tortious Interferrence.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle notifying them of eviction process in idaho with cause, without cause, removal of tenant via court order, and illegal eviction.
On October 28, 2022, Joseph send Demand Verification letter to Brooke, Marjorie, Janette, and Charmelle citing Matt 18:15-22, the due process procedure that Christian’s living under the new covenenat of Jesus are required to do in order to not be rendered a heathen or pagan.
On October 31, 2022, Brooke does not accept, refuse, or respond to J&L’s Demand Verification letter, thus providing tacit agreement to honor the original contract.
On October 31, 2022, Marjorie does not accept, refuse, or respond to J&L’s Demand Verification letter, thus providing tacit agreement to honor the original contract.
On October 31, 2022, Janette does not accept, refuse, or respond to J&L’s Demand Verification letter, thus providing tacit agreement to honor the original contract.
On October 31, 2022, Charmelle does not accept, refuse, or respond to J&L’s Demand Verification letter, thus providing tacit agreement to honor the original contract.
On October 31, 2022, Joseph send Trustee Charmelle and Trutee Janette six settlement offers and they reject every offer.
November 2022
On November 3, 2022, Trustee Charmelle sends counter offer for Powers family to buy the house at 5% discount of full market value $354,141.00 cash and pays half of the closing costs (2% of purchase price) in the amount of $3,541.00.
On November 3, 2022, Trustee Charmelle sends counter offer for all proceeds paid to The Marge Puka Irrevocable Trust.
On November 3, 2022, Trustee Charmelle sends counter offer for Denise to relinquish control and transfer The Puka Private Annuity Trust account at Zions Bank to the Marge Puka Irrevocable Trust.
On November 3, 2022, Trustee Charmelle sends counter offer for Denise to reimburse The Puka Private Annuity Trust account in the full amount that was taken for personal use along with a full accounting for each transaction.
On November 3, 2022, Trustee Charmelle sends counter offer for Denise to return the Trust binder, brief case, check book, with a full accounting of all transactions and any other documents enclosed in the brief case.
On November 3, 2022, Trustee Charmelle sends counter offer for Denise to reimburse all legal and CPA expenses incurred from August 2022 to present in the approximate amount of $4,100.00.
On November 3, 2022, Trustee Charmelle sends counter offer for The Marge Puka Irrevocable Trust will not sue.
On November 3, 2022, Trustee Charmelle sends counter offer alternative to vacate the 612 Property.
On November 3, 2022, Trustee Charmelle sends counter offers that with the terms/conditions approved by Attorney, Brooke B. Redmond.
On November 11, 2022, Denise has first meeting with lawyer Kara Gleckler and Joseph records meeting.
November 13, 2022, Janette sends a group text: She clarifies misconceptions about Andrea’s health and the purpose of hospice care, emphasizing that it is not intended to hasten death through narcotics.
November 17, 2022: A settlement offer is presented to Denise, contingent upon the dissolution of the current irrevocable trust and the redistribution of its assets into a new irrevocable trust under specified terms.
November 18, 2022, Kara emails Denise: She advises against sending a settlement offer at this time, suggesting that it would be more effective for Brooke to discuss the matter directly with her client. She emphasizes the importance of not engaging in settlement discussions without legal representation and clarifies that the proposed new trust would serve to protect Marge, not Denise.
On November 28, 2022, Marjorie, without invitation or notice, knocks on Joseph’s door to give his daughter a birthday present (on his daughter birthday) and Marjorie did not want to talk about her lawsuit against Joseph. Joseph’s dad was present and Joseph’s dad offered $250,000.00 to buy home to end family dispute because Marjorie is Andrea’s favorite grandma who shared a special bond since her birth on 04Apr87 — Joseph’s dad wanted to purchase special grandma and daughter “time” before Andrea passed away from a rare genetic condition (myotonic dystrophy type 2) affecting the family. Marjorie said that she did not want to see Andrea until after the dispute is resolved (through courts & lawyers). Joseph’s dad informed Marjorie that if she wanted to wait to see Andrea until after dispute was formally resolved then Marjorie would not get to see Andrea alive again (because she was on her deathbed from genetic condition fo myotonic dystrophy type 2). Joseph tentatively agreed to Marjories “quasi-verbal-offer” under duress. Marjorie leaves and allegedly goes straight over to Lawyer #2’s office to fire her and then go straight to makes amends and see Andrea before she passes away.
November 29, 2022: Denise decides to terminate her working relationship with Kara.
November 30, 2022: Kara provides Kevin with a drafted TEDRA, which Denise and her family had not previously seen. The document outlines the agreement to settle the disputes surrounding Marge’s trust and proposes distributing the remaining trust assets directly to Marge.
December 2022
On December 7, 2022, Joseph’s sister Andrea passes away.
On December 11, 2022, Marjorie without invitation or notice knocks on Plaintiff’s door and coerces Joseph into signing a contract — (under duress) while he’s grieving the very recent loss of his sister — an agreement to purchase home for $250,000.00 that Brooke Redmond drafted.
On December 15, 2022, Joseph purchases the 612 Property under duress. And because Joseph’s dad’s money was available. But. What would Plaintiff have done if Joseph did not have access to dad’s money or money from the bank because Joseph’s business is less than 5 years old earning much less than what’s required to qualify to purchase the 612 Property.
February 2023
On February 25, 2023, Charmelle emails Joseph stating they’re worried about Denise’s mental health, despite everything they just put her through during extremely sensitive times. Charmelle alleges Denise killed Andrea.
After February 25, 2023, Joseph receives no communication from Marjorie, Janette, Charmelle, David, or Brooke.
March 2023
On March 5, 2023, Joseph emails Marjorie, Janette, Charmelle, Denise, Kevin a response to Charmelle’s wanton Denise accusation from February 25, 2023.
On March 25, 2023, Joseph emails Marjorie, Janette, Charmelle, Denise, Kevin a Final Notice – Christ or Cops & Court? (You Decide) and publishes blog.
May 27, 2023, Pukas emails Denise: Pukas expresses concern for Denise’s mental health and urges her to seek medical help. She refutes Denise’s recent accusations, attributing the start of their familial issues to Denise’s refusal to hand over trust documents and personal items belonging to their father. Pukas implores Denise to stop blaming Janette and Charmelle for the ongoing conflict.
May 27, 2023, Joseph files Police report with Twin Falls County Police Department and learns Police only take action upon court order when it comes to Trust & Estate situations.
On March 27, 2023, Joseph sends Marjorie, Janette, Charmelle, and Kelly a No Trespassing Order.
On March 27, 2023, Joseph sends Marjorie, Janette, Charmelle, and Kelly a Cease & Desist Order For Unwanted Communications (Third Attempt).
April 2023
May 2023
On or about May 27, 2023, Denise emails Marjorie, Janette, and Charmelle.
1. letter to everyone
On May 27, 2023, Marjorie emails Denise. Denise,,,I am so afraid for you. You are ill and need help. I hope you find a doctor who can help you. You keep making up things that don’t happen and you really believe they did. Or you take things that did happen and turn them around to make it look like Janette, Charmelle or my fault. It was NOT Charmelle who drove by you and waved her arms. ALL of this that you wrote about never would have happened if you had only given me the trust book and dad’s things. That was the start of it all. So you need to quit blaming Janette and Charmelle as none of this would have happened if you would have handed over my things when David ask for it.
On May 30, 2023, at 7:07 am, Janette emails Denise. You know how to locate any of us if you want relationships with us. My intent was one last chance at restoring our relationships. It was not meant to start a thread of emails to hash over things. We can do that in person if needed. It is sad that thoughts are that we chose the home over Andrea. our relationship with you was severed and we were in the middle of a court battle before death was imminent with Andrea. We didn’t choose the timing nor could we put our lawyer on hold. We all wished we could have been there with her and all of you. We hope you see a pattern of blocking family and starting and stopping relationships as Andrea, Joe, Racheal and the 3 of us and not wanting to communicate in person. Mom finally feels in control of her finances. It was hard for her to fight you for what was hers. She forgives you. None of us want to battle with texting and emails. So please contact us if you want a relationship but not to hash over things. Mom and I are both willing to have a relationship and put all in the past or talk about things if you desire.
June 2023
On June 1, 2023, at 6:29 pm, Janette emails Denise and Cc’s Marjorie and Charmelle. Have you tried asking mom what she meant by her comment? Ask her to clarify? If you did you would know that she didn’t not want to see Andrea. We would have all loved to rally around Andrea. Mom could not see you. It was hard on her having her daughter controlling her since the death of her spouse. To have you attempt to keep her Trust and home in your possession. She was in the process of suing you. Do you know or even begin to understand how hard this was on her? It would do you well to quit texting and talk to people face to face. It is the only way to effectively comunicate with people. You have assumed too many things in mom, Charmelle and myself that are not true. Someday you mom wont’ be around and you will realize how important communication is/was as you are falsely accusing her right now and are dissolving a relationship because you didn’t take time to talk one on one with her to clarify.
On June 1, 2023, at 6:33 pm, Janette emails Denise and Cc’s Marjorie and Charmelle. She lost her spouse, her grandson, and granddaughter, and now a relationship with her middle daughter. Not to mention loosing her dog. From my perspective what she has gone thru with you over the past year has been the hardest. It has been drawn out and has taken a toll on her.
June 27, 2023, Darrow v. White – Supreme court rules on question of whether or not court authorization is required by statutory law, even if the terms of the trust decide to ignore a potential statutory requirement.
July 2023
July 28, 2023, Joseph sends Marjorie, Janette, and Charmelle a NOTICE OF INTENTION TO FILE SUIT.
August 2023
1. On August 16, 2023, Joseph emails Marjorie, Janette, Charmelle – with a 13 day offer to reconcile family, suspend cease and deisst order, suspend no trespass order, and attempts to establish communications.
2. On August 28, 2023, Joseph receives no response from Marjorie, Janette, or Charmelle.
October 2023
Between August 20 and October 31, 2023, (continuing to present day), Marjorie, Janette, Charmelle, and Kelly refuse to respond to Joseph’s text messages, emails, blog posts, Settlement offer, and entire family weekly conference call invite on Sundays.
On October 1, 2023, Janette emails Denise, “I don’t want to start a thread of communication, but do want you to understand that we can’t have a relationship with family who is suing mom and writing a blog that cuts us all to the bone with untruths. Serving the Lord yet suing your own mother? The 2 don’t go together. Please quit sending us emails. Mom has shed enough tears. She has blocked Joe and possibly you. She doe not want to hear from you guys who are suing her.”
On October 1, 2023, Joseph emails Marjorie, Janette, and Charmelle link to blog, Janette Golay Finally Responds To Denise! Progress?
On October 1, 2023, Joseph emails Marjorie – No matter the cost, I need the truth
On October 5, 2023, Joseph emails Marjorie, Janette, and Charmelle – Settlement for original agreements, Joseph offers to pay for mediation to attempt to settle with Marjorie, Janette, and Charmelle. Respond withing 14 days.
On October 15, 2023, Joseph text Marjorie, Janette, Charmelle, and Kelly and requests that they all please join the conference call. No response.
On October 18, 2023, Joseph emails Brooke Redmone and all other attorney’s at Wright Brother’s Law. No Responce.
On October 19, 2023, Joseph sends conference call invite for weekly chat to Marjorie, Janette, and Charmelle. They do not respond and do not show up.
On October 19, 2023, Joseph sends offer to Marjorie, Janette, and Charmelle to have Denise and Janette settle and no joinder.
On October 19, 2023, Marjorie, Janette, and Charmelle did not respond thus refusing settlement and mediation offer.
On October 19, 2023, Joseph emails Marjorie, Janette, and Charmelle. A Dramatized “Fantasy” Account Of The Powers v. Puka Case.
On October 19, 2023, Joseph emails Marjorie, Janette, and Charmelle. Powers v. Puka: 28 Root Causes For Court Involvement
On October 22, 2023, Joseph emails Marjorie, Janette, and Charmelle. Did Marjorie, Janette, & Charmelle Cross The Line? Examining Malice In Family Trusts For Punitive Damage Recovery
On October 13, 2023, Joseph emails Marjorie, Janette, Charmelle, Brooke, David, and all Wright Brother’s Law question. Did David Taylor & Brooke Redmond Intentionally Assist Marjorie, Janette, & Charmelle In Fraud, Dishonesty, Deceit, Or Misrepresentation Against Joseph, Lucinda, & Denise?
On October 29, 2023, Joseph text Marjorie, Janette, Charmelle, and Kelly and requests that they all please join the conference call. No response.
On November 5, 2023, Joseph text Marjorie, Janette, Charmelle, and Kelly and requests that they all please join the conference call. No response.
On November 5, 2023, Joseph text Marjorie, Janette, Charmelle, and Kelly
On November 12, 2023, Joseph text Marjorie, Janette, Charmelle, and Kelly and requests that they all please join the conference call. No response.
On November 19, 2023, Joseph text Marjorie, Janette, Charmelle, and Kelly and requests that they all please join the conference call. No response.
On November 24, 2023, Joseph mails Marjorie, Janette, and Charmelle – pleadings, summons, discovery, subpoenas, final timeline, strategy (total transparency, what you see is what you get, we tell you exactly what we’re going to do before we do it), etc.
On November 28, 2023, Joseph text Marjorie, Janette, Charmelle, and Kelly and requests that they all please join the conference call. No response.
On December 5, 2023, Joseph text Marjorie, Janette, Charmelle, and Kelly and requests that they all please join the conference call. No response.
On December 7, 2023, Joseph, Denise, and Lucinda file suit against Marjorie, Janette, and Charmelle for; Breach Of Fiduciary Duty, Breach Of Contract, Tortious Interference With A Contract (Punitive damages for malice), Fraud, Constructive Fraud, Willful Misconduct, Negligence, Breach Of Trust, and anything else we can reasonably plead, prove, and move the court for judgement.
On December 28, 2023, Plaintiff file motion to Compel.

Powers v. Puka: An Extensive Timeline Update (Nov 2023) – Gaps & Unanswered Questions Persist – PSDI Part 5

The Timeline Grows, But So Do The Unanswered Questions

Timeline Questions

Timeline In Chronological Order

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