Did David Taylor And Marjorie Puka Commit Fraud Or Constructive Fraud?

by | Nov 23, 2023 | Family Disputes

Fraud refers to intentional deception for personal gain or to harm another individual, while constructive fraud typically involves a breach of duty or misrepresentation that results in an unfair advantage, but without the intention to deceive.

See also: Did David Taylor & Brooke Redmond Intentionally Assist Marjorie, Janette, & Charmelle In Fraud, Dishonesty, Deceit, Or Misrepresentation Against Joseph, Lucinda, & Denise?

David Taylor Clarifies Joseph’s Contract, Then Breaches Contract

  1. Joseph signs contract with Trustee – April 1, 2022. “To occupy 612 property until Marjorie passes away.“
  2. David Taylor creates Trust Amendment – May 3, 2022. “Distribution to Denise 612 property.“
  3. David Taylor’s clarification letter of Joseph’s contract – September 1, 2022. “We created a plan for Joseph to occupy the home until Marge passes away. He is responsible for paying the taxes, insurance, and maintenance on the home while he occupies the home.“
  4. David Taylor’s DEMAND letter unilaterally altering Joseph’s contract – October 14, 2022. “I hereby demand that you vacate the premise within thirty (30) days of sign a 6-month lease agreement.“
  5. Joseph Powers sends David Taylor email and sends certified mail a DEMAND verification letter – October 18, 2022. “Requests a more definite statement and clarification of the issues regarding alleged violations, including the delegation of authority and specific legal provisions related to the Marge Puka Irrevocable Trust agreement.“
  6. David Taylor WITHDRAWS his claim against Joseph – October 19, 2022. “I no longer represent Marge nor Janette/Charmelle (trustees) in the Trust’s claim against you.“
  7. David Taylor refers Marjorie, Janette, & Charmelle to his lawyer friend Brooke Redmond. David Taylor likely receives a commission for referring clients to Brooke.
  8. Brooke Redmond sends Denise DEMAND letter – October 27, 2022. “Second, reference is made to the purported lease agreement/life estate you entered into on behalf of the Trust with your son Joseph Powers. Such agreement permits 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.“

It appears that there is a significant change in the terms of Joseph’s contract for occupying the home between David Taylor’s initial clarification letter (September 1, 2022) and the subsequent demand letter (October 14, 2022).

The initial clarification letter stated that Joseph could occupy the home until Marge passes away and that he was responsible for paying taxes, insurance, and maintenance.

This suggests a longer-term arrangement.

However, the demand letter issued on October 14, 2022, unilaterally alters the terms of the contract by requiring Joseph to vacate the premises within thirty days and sign a 6-month lease agreement.

This is a significant change from the initial agreement and could be seen as a breach of the original contract or a unilateral modification of the contract’s terms without Joseph’s agreement.

Whether it constitutes a legal violation or breach of contract would depend on various factors, including the specific terms of the original contract, applicable laws, terms of the trust, and any local or state regulations related to leases and rental agreements.