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Fail V Fail.com
 
A Constructive Trust Turned into Constructive Fraud.  Kansas Family Probate Case 
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    This Web Site is a Candle For The World To See.     

 "Better to Light a Candle than to sit and curse the darkness”.    
Chinese Proverb

My sister June married the Village idiot 40 years ago. They raised a daughter who married a lawyer. The lawyer got $850,000 worth of land and minerals that my dear parents wanted me and my children to have when they passed.   


To my sister June.

I have been told that you are very ill. The last time that I seen you was on December 23, 2005 at our father’s funeral service when we told him goodbye for the last time. I hugged you and told you that I loved you. You paused, and then hugged me and told me that you loved me to.  June I have forgiven you for what you did to our father, my children and me. It is not too late to do the right thing. It soon will be to late however. I am sorry for any suffering that you are going through now. I wish that I could help you in some way. Making peace and atoning for what you did to us could help alleviate your suffering. I still love you and want you to find restful peace in your last days. Your Brother Larry. July 29, 2014.           

This is a very personal story based on my own personal experiences.  It is a true and accurate account of the facts and events, as I lived and painfully experienced them.  It is also my opinion of the events based on those real life experiences.    

It is my search for meaning and understanding. 
If the smallest portion of this story can change a person's life, then that alone justifies reading it, rereading it and passing it on to others.               

Soon to be released - New Book & Film, "Sibling Thieves".

     Written out of love for my three siblings, 
     Iva June Fail-Dedeke, Ivan Lee Fail & John Roy Fail.

             I was dreaming while they were scheming...

             I trusted but, failed to verify. 

      Read This Story, and Save Your Family and Your Assets.  

 Proposed Movie....Compelling True Story about Duress, Elder    Abuse, Fraud, Foul Play and in my Opinion, Murder.  

   We are currently accepting similar stories for consideration      to be in included. Contact macphale@gmail.com
   or Call Larry "Never" Fail. 800-722-9529.

           www.SiblingThieves.com. 

This Web Site is dedicated to the fight against Elder Fraud and Abuse and the Memory of my father Ivan J. Fail who died of duress and abuse at the hands of my sister Iva June Fail       Dedeke on December 21, 2005.

Your Help Is Needed, to assist us in our efforts to Raise awareness of Elder Fraud & Abuse via our Book and Film project. 
 
Elder Abuse by a sibling caused “The Fail Family to Fail". 



     
June Fail Dedeke, Adam & Jason Fail, Ivan J. Fail, Phaedra, Javae, Larry Allen Fail

                  "I love and miss you poppa" Larry.   


       
      Click here to Visit Never Fail Blog and Post Your Comments. 
                           Join in the discussion on the Never Fail Blog. 

Threats and intimidation directed at someone to get them to do something including getting them to sign a deed is legally know as Duress and Fraud. It is illegal. Death Threats Are Also Illegal...

    

Recent "Death Threat" News from Kansas August 23, 2013.

< - See Side Bar Page 45 

Please offer your Comments and Suggestions on this Case and Elder Abuse. Was this a Case of Sibling Rivalry at it's worst, or Pure Jealously, or Resentment, or Greed, or Fraud, or Elder Abuse, or Foul Play, or Murder? Or was it all the above? 

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           My Song  
           "Money That's All Every Seems To Want"
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* Listen to more of my songs and family sound clips at;
    Google MacPhale Sound Cloud and MacPhale You Tube  
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My sister June Fail Dedeke is on the left in the picture. She and her husband Gene Dedeke were living with my father in his home. He passed on December 21, 2005 under extremely suspicious circumstances in the Prairie Mission Retirement Center in St Paul Kansas. In October and November 2005 I personally witnessed June and Gene repeatedly intimidate and threaten my father with statements like, “Old man if you don’t sign this or get Larry out of the house we are leaving this afternoon then who is going to wipe your ass”? There was other witness to this. June and Gene demanded that my father sigh paper work giving them full authority over all of his financial matters and who could come and go in his house including family. They were specifically talking about me. June had called the Wilson County Sheriff to the house a few days earlier to keep me out of the home but my father objected and told the Sheriff that it was his home and that he wanted me there. Her daughter Tonia Dedeke Nelson was working with June in defrauding.

Tonia is married to Leavenworth Lawyer Gary A. Nelson. Unknown to me until a few weeks before my father passed, June had threatened my father with abandonment if he did not sign a deed that she had instructed my father's lawyer to prepare which named her daughter and her son in law Gary A. Nelson as beneficiaries to $800,000 worth of land and mineral income for the next 50 years that they would receive after my father passed. It was both my mother and father's wishes that I and my children receive this land. Everyone on including my sister and the Nelsons knew this.

June's Threats and intimidation directed at someone to get them to do something including getting them to sign a deed is legally know as Duress and Fraud. It is illegal. June and the Nelsons did it and they got by with it. After returning to Denver from my last visit with my father on November 2, 2005 I felt very uneasy by what I had observed while there and ordered deed information from the Wilson County Clerk and recorder. When I received the deeds I discovered that the names of Gary and Tonia Nelson were on the deed to the land that was supposed to receive upon my father’s death. I immediately called my older brother Ivan Lee Fail in Marshfield MO and asked him about the problem. He assured me that he knew that I was to receive the land and told me that he would check it out saying “I’m on your side on this one and I will be fair and honest with everyone”. This was not to be the case as he was working with the Nelsons and June to take my land, even though he told me that our father had told him on December 4, 2005 that he wanted me to have the land. He said that our father was very alert and knew what he was saying indication that our father was very aware and of sound mind. This conversation is tape recorded.

Ivan Lee Fail then notified June that I had discovered the deed. June immediately rushed our father to the Rest Home and used her “MEDICAL POWER OF ATTORNEY” that my father had entrusted her with to issue a “NO CONTACT ORDER” to the Rest Home thereby preventing me from seeing and/or talking with my father in person or on the phone until he died. I called the Rest Home several times and was told by the director “You Cannot See Or Speak With Him Unless You Have His Security Code”. My sons were not allowed to see or talk with him either until he died. My father passed and/or was murdered shortly thereafter on December 21, 2005 before I could hire an attorney and gain access to him. June had him buried and in the ground within 48 hours on December 23, 2005 so that I could not get an Autopsy performed on him to determine the cause of death. It took me several months to get the death certificate. It was signed by a Doctor’s Assistant stating the cause of death as “Congestive Heart Failure”.

I used Google to find medications that would mimic “Congestive Heart Failure”. I found many. It is not uncommon. Both June and her daughter are Nurses, Tonia is an RN. They had the opportunity, the knowledge, the skill, and the $800,000 motive to kill my father and my opinion they did so. June had also attempted to take my younger brother’s land in May 2005. I witnessed June and her notary public having my father sign a deed in his Hospital room in Parsons Kansas. I objected telling my father that he and my mother had decided prior to her death in 2000 that John was to get the land and that this was wrong. I hired and paid several Attorneys to file the Fail v Fail law suit in Wilson County Kansas District Court in 2006. My alleged lawyers failed and refused to claim Duress or Fraud in the Complaints. They took my money, talked with fellow lawyer Gary A. Nelson, read the threatening and slanderous letters about me from my brother Ivan Lee Fail and then withdrew one after another until they ran me out of reserve and borrowed money until I had to represent myself. I was forced to travel 1200 miles to Kansas to depose the defendants myself. June never showed up for her deposition even though she was Court Ordered to do so. Her lawyer son in law told the Judge that she was ill. I filed a motion for contempt and the Judge ordered that I could do a Phone deposition only with limited questions. It took me several weeks to set a date that was suitable to Gary A. Nelson. He kept changing the dates and rescheduling. I was finally able to get a committed date and time with him. I scheduled a Court reporter in Gary Nelson’s home town of Leavenworth Kansas to accommodate him and June. The evening before the scheduled Phone deposition the Court Reporter sent me an Email canceling with no explanation. I sent her Emails and made phone calls attempting to reschedule. I received no response. I attempted to get another date set with Gary A. Nelson for June’s deposition. He was uncooperative and I was unable to do so. I filed more Motions with the Court and the Court finally gave me permission to submit no more than ten (10) written questions to June for her to answer. Her son in law lawyer Gary A. Nelson answered the questions for her with brief disingenuous weasel words that was of no value and ignored by questions. The criminal was able to escape my examination.         

For many years prior to the death of my father, June and her co-conspirators were scheming, while I was dreaming, trusting and losing a million dollars and my inheritance. I Trusted but failed to verify...    


Simply put – my sister married the village idiot. They had a daughter that married a lawyer who wanted and got my land. It is a story about Elder Abuse, Greed and in my opinion murder. It is a witch’s brew made in hell. It is my opinion based on firsthand knowledge, conduct of the parties, their motive, opportunity and preparation. This scam was planned out over a long period of time. They were scheming while I was trusting and dreaming. It cost me a $1,000,000, my father, and part of my family.

My sister made my father do something cowardly and dishonest.  

For 92 years my father was a decent, hard working, brave and honest man.  Using duress and threats of abandonment my sister made my father do something cowardly and dishonest.  In his hour of need she used her power over him to get him to sign a deed disinheriting one of his four children. She forced him into engaging in cowardly and dishonest conduct by preventing him from telling his son that he had disowned and disinherited him out of $850,000 worth of Real Estate, oil and gas property and other estate assets that he and his wife and wanted his son to receive before her death, and before he was intimidated, and threatened into signing the deed. This is elder abuse at its worst.

TIME LINE.

1.       40 years ago my sister Iva June Fail Dedeke married the Village Idiot Gene Dedeke.

2.       30 years ago they borrowed $175,000 from my father to keep from losing 80 acres of land, two houses, a     Service Station Car Repair Shop that they had bought in Leavenworth County Kansas. 

3.       They refused to pay the loan to my father, and attempted to sell the property.

4.       I helped my father and his lawyer Charlie Hinchell in getting the Dedekes to sigh a Mortgage to protect my father’s money. They later refused to pay the loan.

5.       My father was forced to evict them from the land.

6.       My sister and her husband sued my father and filed Bankruptcy against him in an attempt to defraud him.

7.       They instilled vengeance and hate in their two children by lying to them and telling them that my father and me had stolen their land.

8.       We were not allowed to see their two children for over 10 years.    

9.       Their children made documented deaths threats against my father.

10.    As Murphy’s Law would have it - Their daughter Tonia Dedeke Nelson married a Lawyer. Leavenworth Lawyer Gary A. Nelson.  He was the legal expert that crafted and directed the estate fraud. He got my land that my mother and father wanted me and children to receive when they passed.     

11.   I discovered the plot and deed scam shortly before my father passed on December 21, 2005. I called my older brother Ivan Lee Fail. He told my sister that I had discovered the deed. Using her Medial power of attorney - she immediately placed my father in a rest home in St Paul Kansas and he died before I could hire a lawyer to help me see and talk with him. She had him buried within 48 hours.      

12.   I sued them and spent $50,000 on five different lawyers. One by one they quit after Gary Nelson called and talked to them. I had called over 125 lawyers in Kansas. 95% of them were not interested when they discovered that I was suing a lawyer.

13.   Lawyer Nelson filed a Motion for Summary Judgment. I was forced to defend it without a lawyer as a result of lawyer Nelson calling each of my lawyers, I lost. Judge Rogers dismissed and tossed my case. Lawyer Nelson knew the judge for 30 years. The judge’s father was my ex-wife’s divorce lawyer in the same Court room in 1964.

14.   To make matters worse my sister was able to solicit my two weak minded brothers Ivan Lee Fail and John Roy Fail into helping her plan and carry out her evil scheme. The received a part of my property and inheritance for doing so.  My parents had four children. They left an estate in excess of $3,000,000 in land, homes. Producing oil and gas properties, mineral rights, farm equipment, cars, trucks, cattle, life insurance, and a safe deposit box with $200,000 in cash. My sister June Fail - Dedeke, her daughter Tonia Dedeke - Nelson and my two brothers Ivan Lee Fail, John Roy Fail and my sister's son in law - Lawyer Gary A. Nelson received it all. Me and my children got nothing. This is not what my mother who passed in 2000 and my father wanted. Is fraud and Elder Abuse illegal in Kansas? If so what would you suggest that I do? Don't tell me to hire a lawyer. I hired five lawyers and spent $50,000. They all took my money and ran.  Legal Might Trumps Moral Right.  The authorities are afflicted with Apathy. They pass the buck and hide under the table as do most Government workers. They say it is good enough for Government work. Really?      


The Lawyers 

Find them - Click their tab to the Left.

1. Gary A. Nelson. The Lawyer that married my sister's' daughter Tonia Dedeke.
Mr. Nelson had his mother in Law June Fail Dedeke place his name and Tonia's name of a Transfer on death Deed to $800,000 worth of Kansas Land and Mineral rights. June used threats of abandonment known as duress and elder abuse to get my father to sign the deed thereby committing fraud. When my father passed they got the land that both my mother who passed in 2000 and my father who passed in 2005 wanted my children and me to have. Mr Nelson fought me through the Courts costing me an additional $50,000 in attorney fees. He filed a Motion to have my case dismissed with Judge Rogers. Judge Rogers dismissed my case. Mr. Nelson went to school with Judge Rogers and knew him for 30 years. Judge Rogers father Steven Rogers was my ex wife's divorce lawyer in the same Court room in 1964. Mr. Nelson and my brother Ivan Lee Fail called and wrote threatening letters the lawyers that I hired and paid money. Mr. Nelson committed perjury in his deposition stating that he did not know about the April 15, 2005 deed naming him as beneficiary until December 23, 2005. Lawyer, Estate Executor and co-defendant John Rubow testified under oath that Mr. Nelson had told him how he wanted his name to read on the deed. That conversation took place prior to April 15, 2005. Judge Rogers stated that there must have been some confusion. (See tabs to the left)    
  
2. John C. Rubow. Chanute Kansas. My father's lawyer and Executor of the Ivan J. Fail Estate. Work in unison with June Fail Dedeke to defraud.  

They following lawyers took my money and bailed out of my case,
and ran with my money.



The Lawyers that I hired and paid money.

1. Chuck Apt. Iola Kansas. The day I buried my father I hired Mr. Apt and paid him $3,500. I asked him to file a Motion for an autopsy of my father to determine cause of death and to file a case against Lawyer Nelson and his co-conspirators. He failed and refused to do either.  After an extended period of time he withdrew saying the case was to big for him. He referred me lawyer lawyer Ted Knopp "The Milking Machine" in Wichita Kansas.  

2. Ted Knopp. Wichita Kansas. I also asked Mr. Knopp to file a Motion for an autopsy of my father to determine cause of death and to file a case against Lawyer Nelson and his co-conspirators. He failed and refused to file a motion for an autopsy telling me that he had never done that before and it would inflame my three siblings and the other defendants in the case as if the were my friends. Mr. Knopp filed the first anemic Complaint in the case. Mr. Knopp failed and refused to include duress and fraud as a cause of action in my case. After milking me for money for an extended period of time he withdrew saying he did not think that I could pay him anymore money. I paid him a considerable amount of money and he filed lien the case for another $25,000. He deposed not one of of the defendants in the case. (See tab to the left)    
  

2. Kurt Kluin. Chanute Kansas. I also asked Mr. Kluin to file a Motion for an autopsy of my father to determine cause of death and to file an amended Complaint adding lawyer Rubow as a co-defendant. I also asked Mr. Kluin to include the issues of duress and fraud. He failed and refused to file a motion for an autopsy telling me that he had never done that before and did not know how to do it. Mr. Kluin failed and refused to include duress and fraud as a cause of action in the amended Complaint. After milking me for money for an extended period of time Mr. Kluin withdrew saying he could not stay in the case because, "I have to work with him every day", meaning fellow Chanute lawyer John Rubow whom Mr. Kluin had added in his amended Complaint.  I paid him a considerable amount. He deposed not one of of the defendants in the case.
(See tab to the left)    


3. Brian Grace-Less. Wichita. I paid him $2,500. He admitted that he never even read my paperwork. He took my money and refused to accept my Email and phone calls. I got a Judgment against Mr. Grace in Wichita Small Claims Court. I Was unable to collect as he retired and later passed. He had nothing in his name in order to defraud creditors. I filed a Complain with the Kansas Supreme Court Disciplinary Administrator. They stalled for several years until Mr. Grace turned in his Licence. (See tab to the left)    

4. Lawyer ________of Kansas City was Paid $2,500 to defend against Leavenworth Gary A. Nelsons' Motion For Attorney Fees. Prevailed.

4. Lawyer _______of Wichita Kansas was paid $5,000 to assist in answer to Lawyer Nelson's Motion for Summary Judgment. 

5. Jim McIntyre. Wichita Kansas, Appeals Lawyer was Paid $5,000 to file appeal. Lost Appeal at Kansas Appeals Court. Kansas Supreme Court refused to accept case for review.

  
None of the lawyers that I hired considered and/or suggested duress, elder abuse and fraud to be an issue and/or problem in may case. Not one of the five lawyers that I hired and paid, and not one of the 125 lawyers that I called in Kansas told me that I could have avoided the "Small Town" buddy system in Wilson County Kansas District Court and filed the case in U S Federal Court under the Constitution's law of "Diversity of Jurisdiction and Diversity of parties", to avoid the small town politics and cozy buddy system between the lawyers and the judge who worked in unison against an out of state litigant and who became a victim of their cronyism and judicial abuse. The Judges' father was also my ex wife's divorce in the same Court Room in 1964.      

     

It is my hope, my prayer, my heart felt desire that this costly and painful experience will in some way give the knowledge and courage to help others save their families and thereby bring something good to them all. Larry Allen Fail. 

President Ronald Reagan once said. "Trust but Verify". My father and I trusted to a fault, but forgot to verify. It cost us our family. 
  

     
This is a true story about the Family of the late Ivan J. Fail & Helen B. Fail.
   

It is a story about Duress, Greed, Elder Abuse, Foul Play, and in the opinion of the author it is also a story about Murder... committed by two Nurses who could not resist the temptation of a lot of Money, fueled by a long history of Jealously and Vengeance...
    

In honor of my parents and other victims of Elder Abuse This True Story will be written into a forthcoming Book and a Documentary Film titled;

                                 "The Fail Family Failed".
 

                                                     *

                            "Injustice for one is injustice for all"

             "The only thing that it takes for evil to prevail, is for good men to do nothing
     "It is the duty of each of us, to expose Evil where ever we find it, to protect us all".         No Justice - No Peace. The evil doers in this story wanted piece, a piece of  everything,           until they got it all.       

      

My sincere apology to each innocent member of the extended Fail Family that played no role in the wrong doing described herein. You’re suffering for having your good Fail Family name besmirched, and tainted is the result of unchecked greed by my three siblings, Ivan Lee Fail, Iva June Fail - Dedeke, John Roy Fail and his girlfriend Patty Hon, Leavenworth Lawyer Gary A. Nelson my sister's son in law, and my sister's daughter Tonia Dedeke - Nelson. Good men & women doing nothing and suffering with Apathy greatly contributed to the problem.  
  

It has been suggested to me by well meaning innocent members of the Fail Family that I forget the greed and crimes committed by the guilty named herein and move on. It would be easier and much more comfortable for me to follow their suggestion of doing nothing and move on; however that inaction would only encourage others to engage in duress, elder abuse, greed, foul play and murder. It would also make me a complicit criminal player via tacit approval of these crimes thereby creating moral vicarious liability for myself. I cannot do that.

No Justice no peace. I want justice, and I also want peace. The evil doers in this case do not want justice. They only wanted piece, as in a piece of this, and a piece of that until they took every thing that my parents wanted me and my Children to have.  

Larry Fail     
 


Some People work hard, and honestly earn what they have to pass on to their children. Ivan & Helen Fail were of those people. Other people steal from others to get what they want. They are called Thieves and Criminals. Three of Mr. Fail's four children, and three of their helpers are thieves and criminals. Members of the infamous under class of cowards and liars. Read the factual and provable contents herein, then - pick out who you think the thieves and criminals are in this case? Can you also identify their victims?

Please Email your Answers, Opinions and Suggestions to me at;              macphale@gmail.com  You can also call me at 800-722-9529.


December 21, 2005. A day of disgrace for the Ivan Fail Family that will live on forever as a testament to Greed, Foul Play, Elder Abuse, if not Murder, lawyer self enrichment and misconduct through a conspiracy to defraud...

It was a bad day for my children and me. We lost my father Ivan J. Fail, my sister Iva June Fail Dedeke, my two brothers Ivan Lee Fail & John Roy Fail, and $650,000 plus in land, home, minerals, cash, insurance proceeds and other estate assets...that my parents and I wanted for my children. 

Why?

Was it a simple case of greed?

Was It Elder Abuse?

Was it foul play?

Was it Murder?

... you decide.   Email Your Vote to -  Larry@requestusa.com

             
          "The Ivan Fail Family Lived Up To It's Name"

This is a Case where "Legal Might Trumped Moral Right"... ...There was a Lawyer in the Family, that enriched himself.

I have forgiven them - but "We Must Never Forget" The Survivors...

I feel no hate or anger in my heart for the guilty identified herein - however in the best interest of just-us for all of us, the truth must be revealed.

I have forgiven
them for their wrongful taking of my inheritance, land and for dishonoring my parents, their memory and their legacy.

I do however feel sadness, disappointment, abandonment and Shame.

I feel Sadness for them in their need to cheat and be dishonest.

I feel Disappointment that their greed overcame their need to have me and my children in their lives.
 
I feel Abandoned. They left me,I did not leave them.

I feel Shame for the Ivan Fail Family as a result of what they have done. The deceivers named herein are shameless.      
       
 


See Picture of Leavenworth Lawyer Gary A. Nelson

See Picture of Tonia Dedeke Nelson

See Picture of Ivan Lee Fail

See Picture of June Fail Dedeke

See Picture of John Roy Fail
See Picture of John Roy Fail and Patty Hon          

Many families are loving, and positive. Each member supports and stands by each member and thereby supports the family. Collectively the family supports each member. Stand together or fall apart. The Ivan Fail family was dysfunctional, and support between the members was anemic or absent, and the Ivan Fail family fell apart. The universal mechanics of cause and effect, yin and yang would not be denied. Some family members were afflicted and challenged by the negative and destructive 12 Apostles of ill health.
 
There are various emotional, mental, and spiritual mindsets that are negative and destructive to the individual harboring them and to the family that they contaminate. Each member suffers, some more than others. The twelve apostles of ill health are anger, resentment, fear, worry, desire to dominate, self-preoccupation, guilt, sexual impurity, jealousy, a lack of creative activity, inferior feelings, a lack of love. The Ivan Fail Family fell victim to all of these and added number 13 – Greed. This web site illustrates the power of greed.  
 



           Ivan J. Fail in the arms of his grandmother Rosetta Ramp.
                   August 12, 1913 - December 21, 2005


                       August 12, 1994. Ivan J. Fail - 81st Birthday
 
Ivan J. Fail, his No. 2 Son Larry Allen Fail, His twin Grandsons Jason Allen Fail & Adam Lawrence Fail. "We will see you beyond the sunset grandpa." 

Photograph by Gary Fail Total Image.

Picture decoupage crafted by Larry Fail.

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