On March 30, 2022, Marjorie’s text to Trustee Denise, “You can read Janette’s texts tomorrow. Whew!”

by | Nov 3, 2023 | Family Disputes

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Current Relevant Timeline

  1. Marjorie desires to live closer to family. Exhibit – Affidavit
  2. On March 23, 2022, Marjorie moves closer to daughter Denise Powers.
  3. Marjorie desires to keep special house (the “612 Property”) in family name.
  4. Marjorie desires to live closer to more family.
  5. March 2022
  6. 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.
  7. 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.
  8. For tax purposes and simplicity, Marjorie’s trust team instructed Trustee Denise to write preliminary contract under specified conditions.
  9. Upon Marjorie’s death, 612 Property will be transfered into the KDP Trust.
  10. After 612 Property is transferred to the KDP Trust, 612 Property is transferred to J&L.
  11. On March 26, 2022, J&L relocate family to the 612 Property.
  12. 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.
  13. On or about March 26, 2022, Trustee Denise text Marjorie, “Starting April 1, J&L will pay Marjorie monthly payments for the property taxes.”
  14. On or about March 26, 2022, Trustee Denise text Marjorie, “I will also have J&L pay monthly house insurance.”
  15. On March 30, 2022, Marjorie’s text to Trustee Denise, “You can read Janette’s texts tomorrow. Whew!”
    • **** JOSEPH WOULD LIKE TO SEE JANETTE’S TEXT TO MARJORIE. ****
  16. On March 30, 2022, Marjorie’s text to Trustee Denise, “Janette thinks everyone is benefiting here except her.”
  17. On March 30, 2022, Marjorie’s text to Trustee Denise, “Janette thinks her opinions should have been asked about Joe renting the house.”
  18. On March 30, 2022, Marjorie’s text to Trustee Denise, “Janette just asked me if I considered her feelings in doing this.”
  19. On March 30, 2022, Marjorie’s text to Trustee Denise, “I just told Janette that the decision didn’t involve her.”
  20.  April 2022
  21. On or about April 1, 2022, J&L sign contract with the Trust.
  22. On or about April 2, 2022, Joseph gives Marjorie $1,000 cash while we’re eating dinner at Texas Roadhouse.
  23. On or about April 7, 2022, Trustee Denise meets with David Taylor to make amendment to the Trust.
  24.  May 2022
  25. 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.
  26. 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. 
  27. June 2022
  28. 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
  29. August 2022
  30. August 7
  31. On August 7, 2022, Trustee Denise text Marjorie that J&L paid, fulfilling their end of the contract.
  32. On August 7, 2022, Trustee Denise clarifies to Marjorie that J&L’s “rent” is to pay house insurance and property tax.
  33. On August 7, 2022, Marjorie does not contest J&L’s “rent” amount or payment.
  34.  August 16
  35. 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.
  36. 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.
  37. 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.”
  38. August 17
  39. 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?”