Joseph R. Powers
Denise R. Powers
December 7, 2023
RE: Notice of Intention to Rescind the Petition to Approve the Settlement Agreement of Interested Parties Pursuant to the Idaho Trust and Estate Dispute Resolution Act
I am writing to inform you of my intention to formally rescind the Petition to Approve the Settlement Agreement of Interested Parties pursuant to the Idaho Trust and Estate Dispute Resolution Act, originally filed on December 20, 2022.
This decision arises from significant concerns regarding the circumstances under which the original agreement and subsequent petition were made. These concerns include elements of duress, coercion, fraud, mistake, misrepresentation, undue influence, and other inequities that have come to light, necessitating a reassessment of the agreement and its legitimacy.
Specifically, on April 1, 2022, Joseph and Lucinda (“J&L”) signed a contract to occupy the 612 Property for the remainder of Marjorie’s life, with the understanding that the property would be transferred first to Denise and subsequently to J&L. However, on May 3, 2022, an amendment was made to the trust, including a No Contest Provision that threatened forfeiture of any party’s share for opposing the amendment. This provision created an environment of fear and coercion, impacting the free will of the parties involved.
On November 28, 2022, Marjorie explicitly conditioned her visit to Joseph’s dying sister (her granddaughter) on Joseph’s agreement to purchase the 612 Property. This demand placed Joseph and Lucinda under extreme duress, leading to a verbal agreement to purchase the property under highly emotional and pressured circumstances. The subsequent passing of Joseph’s sister on December 7, 2022, further compounded this distress, making Joseph susceptible to undue influence, as outlined in the case Gmeiner v. Yacte, where the trauma of recent death in a family significantly impacts decision-making capabilities.
On December 11, 2022, amidst these emotionally charged and inequitable circumstances, Joseph was led to sign a petition to dissolve and terminate the Marge Irrevocable Trust under a misrepresented agreement.
Given these revelations and the impact of these undue pressures, it is clear that the original agreement and petition do not reflect a fair or just outcome for all parties involved. Therefore, I intend to file the necessary documentation with THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF TWIN FALLS to formally rescind this petition.
I recognize the seriousness of this action and assure you that this decision is made in the interest of justice and equity. Should you have any concerns or require further information, please feel free to contact me.
Thank you for your understanding and attention to this matter.
Sincerely,
| I, Joseph Ray Powers, certify that on the 7th day of November 2023, a true and correct copy of the above was U.S. mailed to Joseph R. Powers | I, Denise R. Powers, certify that on the 7th day of December 2023, a true and correct copy of the above was Certified U.S. mailed to |
Brooke Baldwin Redmond
Wright Brothers Law Office, PLLC
1440 Blue Lakes Blvd N., Suite A
P.O. Box 5678
Twin Falls, Idaho 83303-5678
(208) 733-3107
(208) 733-1669 (fax)
www.wrightbrotherslaw.com
Charmelle Yvonne Puka
Diana Janette Golay
Marjorie Ann Puka
