Lawyer Gary A. Nelson & Tonia Dedeke Nelson Fraud

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Threats and intimidation directed at someone to get them to do something including getting them to sign a deed is legally know asDuress 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? 

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…    


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 GraceLess. 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. ________Kansas City Lawyer. Paid $2,500 to defend against Gary A. Nelsons Motion For Attorney Fees. Prevailed.

4. _______Wichita Kansas. Assisted in answer to Lawyer Nelson’s Motion for Summary Judgment. Paid $5,000.

5. Jim McIntyre. Wichita Kansas. Appeals Lawyer. Paid $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 duress, elder abuse and fraud to be an issue and/or problem in may case. Not one of the lawyers that I hired and paid, and not one of the 125 lawyers that I called in Kansas told me that I could have filed the case in Federal Court 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.   

     

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 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 whereever we find it, to protect us all”.
      No Justice – No Peace. The evil doers in this story wanted piece, a piece of

everything            that I had – until they took 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 also make me a criminal via tacit approval 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.  
  

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Ex Prison Guard Ivan Lee Fail helps Lawyer Gary Nelson and steal his brothers land.

Ivan Lee Fail – Visit http://www.failvfail.com

The day we buried our dad, Ivan J. Fail on December 23, 2005 – Larry Fail’s Son Adam Fail asked Ivan Lee Fail the following question.

“Ivan, why would you not let us see Grandpa before he died.”

Ivan Lee answered.  “Well Adam, you see Larry did this to himself. He has to pay for his mistakes and bad conduct.”  
Adam said “this not the Leavenworth Prison.” Ivan Lee had worked as a prison Guard for 20 plus years. Adam then asked Ivan Lee to be more specific. Ivan Lee could offer nothing more except to say. “The deed will stay as it is.”

Ivan was talking about the “Transfer on Death Deed” that gave him, his brother John and Gary and Tonia Nelson $600,000 worth of Wilson County Farm land with a Ranch Home that Ivan J. Fail & Helen B. Fail wanted Larry Fail to get. Sister June did not want anything in her name as she had committed Medicaid fraud by having her name removed from the Transfer On Death Deed and replaced by the names of her daughter Tonia and her husband Leavenworth Lawyer Gary A. Nelson to 200 acres of land that she was to get upon the death of her father. She stole Larry’s land and also attempted to steal John’s land on memorial day 2005.    

There was 1100 acres of land with three sets of Buildings worth $2,000,000. There were four children that were to share in the Estate. Three got it all in a Conspiracy to defraud the fourth, Larry Fail and his Children. See the 34 Transcripts of Tape recordings between Larry Fail and Ivan Lee Fail wherein Ivan has full knowledge that Larry was to receive his share of the land. He also had a Power of Attorney that allowed him to resolve the deed problem before Ivan J. Fail passed, and Ivan J. had told Ivan Lee prior to his death in the rest home that he wanted Larry to get the land. Ivan Lee deceived Larry and his children into believing that he would take care of the deed so Larry would get the land. 

Ivan Lee Fail then stalled, lied and deceived Larry and his children until Ivan J. Fail had passed. He then engaged in a smear campaign against Larry on the internet and contacting two of Larry’s lawyers threatening them in writing that their careers would suffer if they continued to represent Larry. The attorneys took Larry’s money and withdrew from the case Fail v Fail that Larry had filed in 2006. Co-conspirator, and beneficiary of the fraud Leavenworth Lawyer Gary A. Nelson had also told a third lawyer that Larry had hired derogatory and demoralizing information that resulted in Wichita Liar/Lawyer Brian Grace-less defrauding Larry out of $2,500 and doing nothing. Larry later got an noncollectable Judgment against Lawyer Grace-less. Larry also filed a Complaint against Lawyer Grace-less with the Kansas Disciplinary Administrator. Lawyer Grace-less has lost his liars degree, shut off his phone and closed his office. Larry received only $865.85 of the $2,500 that he had paid Lawyer Grace-less  from the Kansas Client Protection Commission. See tab for Lawyer Brian Grace-less and listen to Larry’s Song “Money that’s all everyone seems to want.”  

For further details on Ivan Lee Fail, Gary A. Nelson, Tonia Nelson, June Dedeke, John Roy Fail & Patty Hon etal see the Letter to Kansas Governor, and Google the names. 

 
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The Rest Of The Story at www.failvfail.com

My Siblings Were Scheming, While I Was Dreaming, Elder Abuse, Duress, Fraud, Foul Play, Murder?   

The Players. Gary Nelson, Leavenworth Lawyer, Deed Fraud, Deed, Fraud, Foul Play, Murder, Fail v Fail, Tonia Dedeke Nelson, June Fail Dedeke, Ivan Lee Fail, John Fail, Patty Hon.

The Judge. Judge Rogers, Wilson County District Court. 

The Lawyers. Gary Nelson, Chuck Apt, Ted Knopp, Kurt Kluin, Brian Grace, John Rubow.  

Victims. Ivan J. Fail, Adam Fail, Larry Fail.

Family & Friends.  Bill Fail, Winifred Fail, Pat Fail, Sprague, Gary Fail, Connie Fail, Frank Greve, Glen Berg, Lynn Hinkle, Mark Garretson, Gayle Garretson, Phil Jerrod, Bruce Jackson, Bank of Commerce, Rita, Delores Rose, Ila Rose Bosworth, Bill Pray.       

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Gary Nelson, Leavenworth Lawyer, Deed Fraud Opinion.

Leavenworth Lawyer Gary Nelson engaged in Deed Fraud, Elder Abuse, Duress, Foul Play, and Murder?  The rest of the story at www.failvfail.com. He was assisted by his wife Tonia Dedeke Nelson, his mother in law Iva June Fail – Dedeke. They were assisted by Ivan Lee Fail, John Fail and Wilson County District Court,  Judge Rogers, and five Lawyers. Chuck Apt, Ted Knopp, Kurt Kluin, Brian Grace, John Rubow.

                           My Siblings Were Scheming While I Was Dreaming

                                                          

AFFIDAVIT OF ELDER ABUSEImage

This Affidavit offered to those that may be, and/or should be concerned with the issues of Elder Abuse, Duress, Fraud, Foul Play, Wrongful Death and/or Murder.   

Victim: Ivan J Fail. August 12, 1913 – December 21, 2005.

Direct Perpetrators: Iva June Fail-Dedeke & Eugene “Gene” Dedeke.  

Complicate Perpetrators:  Ivan Lee Fail, John Roy Fail, Gary A. Nelson, Tonia Dedeke Nelson, Gene Dedeke, Patty Hon, John C. Rubow.

Witness: Larry Allen Fail. 

Additional witnesses and/or parties names with knowledge of the abuse of Ivan J. Fail. (Attached)   

I, Larry Fail personally witnessed Cruel Abuse of my elderly father Ivan J. Fail by his daughter, Iva June Fail Dedeke and her husband Gene Dedeke prior to and during my visit with my father in from October 23, to November 2, 2005. Complicate Parties include Ivan Lee Fail, John Roy Fail, Gary A. Nelson, Tonia Dedeke Nelson, Gene Dedeke, Patty Hon, and John C. Rubow. The abuse that I witnessed includes but was not limited to the following;

1.Threats of abandonment to the degree that it caused the victim anguish and pain to the degree of crying.  

2.Threats to the victim by June & Gene Dedeke in an attempt to get him to sign a hand written agreement giving the Dedekes full authority over all of the victims financial matters and deciding who came and who went in the victim’s house including family members. 

3.Locking up the victim in a rest home and not allowing him to see his son Larry or his children. 

4.Issuing a “No Contact Order” against his son Larry Fail thereby preventing him from calling or visiting his father. (See Attached)

5.Refusing and failing to tell the victim why his son Larry Fail had not contacted him or came to visit him.  

6.Harassing the victim into signing a Transfer on Death Deed dated April 11, 2005 taking the land of Larry Fail.

7.Refused to comply with victims request to see his lawyer in November 2005.

8.Refused to comply with victims request to see his lawyer in December 2005.  

9.Threatening, intimidating and telling the victim on or about May 31, 2005that they would not move into the victim’s home and take care of him if he did not give them a deed to the farm. 

10.Harassing the victim while in his Hospital bed in Parsons Kansas into signing a Transfer on Death Deed under duress, taking the land of John Roy Fail. On or about May 31, 2005. Larry Fail was present and able to talk his father into leaving the land in his Brother John Fail’s name. 

11.Retaliated against the victims of their abuse and fraud by Calling, and 

Mailing threatening letters to their lawyers to stop representing the victims of their Fraud. Two letters to Lawyer Ted Knopp and Kurt Kluin.

Tape recording of Gary A. Nelson admitting to Calling Ted Knopp. 

Sent Threatening Emails to Victims of their abuse. (See Email dated November 16, 2007 10:50 AM – Attached) 

12.Dedeke Death Threat History. (See Supporting Documents.)

One or about November 1, 2005 I heard my sister June pounding on the dining room table demanding that my dad sign a hand written agreement that she had prepared for my him to sign. I ran in and took the paper off the table and read it. I put it in my left pants pocket.  June then attacked me, and was pounding her fists on my chest and slapping my face and demanding that I give her back the agreement. June then screamed at my father, “If you don’t sign this, Gene and me are moving out, then who is going to wipe your ass”? I wanted to keep it but dad started crying. I took it out of my pocket and I let June tear it out of my hands to get my dad to stop crying. I told dad that he not have to sign it. Gene Dedeke was present and kept telling June to get the damn paper back.  They both yelled at me, telling me to mind my own God *X_ business.  

The previous day, June had called the Wilson County Sheriff’s office to have me thrown out of the house. An officer came to the house and in response to the officer’s questions, my father Ivan J. Fail stated that it was his house and he would say who came and went in the house. He further stated “Larry is my son and he can come here any time that he wants to”.  The officer told June that there was noting that he could do and left. June was extremely angry and presented the hand written agreement to my dad the next day.  

There were many other similar events during my stay that were deplorable and upset my father immensely. The abuse was so extreme that I called a number of people in to help me deal with the problem. I called my father’s brother, my uncle Bill Fail and his wife Winifred, my brother Ivan Lee Fail, and Mark and Gayle Garretson to help me and my father. They were dad’s neighbors who ran a rural Senior Care Home two miles east of my father’s home. 

My dad stayed there off and on until June and Gene Dedeke moved into dad’s home in the summer of 2005. I spent several hours explaining what I had witnessed.  Both June and Gene denied everything that was taking place. June & Gene continuously threatened my father with threats of abandonment including repeated statements that they were going to “leave today” if he did not do as they instructed him to do. These threats included telling my father to tell Frank Greve that he could not come to the house anymore. June & Gene repeatedly made this threat to my father. “Hey old man, if you don’t tell Frank Greve that he cannot come back over here anymore, we are going to move out and leave you then who is going to wipe your ass”? They repeatedly used these threatening statements when my father was reluctant to comply with their demands.    

Frank Greve was a lifelong friend of my father and helped him feed his cattle every morning with little or no pay, or barter for the last 20 years. The threats were so loud, threatening and cruel that each time my father started crying and agreed to do as June and Gene wanted. They also threatened to leave him if he did not sign a statement that I witnessed and read which gave June and Gene Dedeke full control over all of Ivan J Fail’s financial matters including who could come to the house including family. This took place after the meeting with Bill & Winifred Fail and Iva Lee Fail.  

My father passed on December 21, under very strange circumstances. Elder abuse is all too common when there is a large amount of money or land in an estate.  Abuse of an elder includes demands for a parent to sign Real Estate Deeds and other self serving documents or be faced with threats of abandonment by an adult daughter and granddaughter who is married to a lawyer to make it all legal. This cowardly, dastardly, criminal affront against me, the   

The judicial system is dysfunctional and ill equipped and not very interested in addressing the problem especially if one of its own, a lawyer is engaged in self enrichment. It is wrongfully assumed that lawyers do not engage in such conduct and could prove to be an aggressive nasty advisory if anyone complained about their conduct including Elder abuse.  Additionally the system also assumes that old people die only from old age, and seldom from Elder Abuse, Foul Play or Murder. Proof of wrongdoing is either cremated or buried with the victim. 

It is my strong belief and opinion that my sister Iva June Dedeke and her daughter Tonia Dedeke Nelson engaged in foul play that lead to the death of Ivan J. Fail on December 21, 2015 in the Prairie Mission Retirement Village in St Paul Kansas. Both are nurses and had full access and authority over Mr. Fail’s medications. 

The motive was an estimated $950,000 in land, minerals rights and producing oil and gas land owners royalty income, cash, CD’s and other assets in Wilson and Neosho County Kansas.  

June Fail Dedeke her Medical Power of Attorney to order and issue a no contact order against me Larry Fail and my children thereby preventing us from seeing my father until he died. He died before I could get to him and correct the deed. June had him buried within 48 hours there preventing an autopsy. June did this after she was informed by our older brother Ivan Lee Fail that I had discovered the “Transfer On Death Deed” that she had conceived, master minded, had executed and recorded deed that wrongfully took the land that both my parents promised and intended to go to me and my son Adam. 

The fraudulent deed executed by my father as a result of enticements in the form providing care for him, threats of abandonment, and possibly a promise to hold for me under a constructive trust that was entered into in 2001. The deed transferred the land to June’s daughter Tonia Dedeke Nelson and her lawyer husband Gary A. Nelson who is a practicing lawyer in Leavenworth Kansas. June had also attempted to steal her younger brother John Roy Fail’s land and home place worth $720,000 a few months earlier on Memorial Day weekend in Parsons Kansas. This is a documented fact, and also verified and proven by sworn statements in depositions of the defendants. She entered the Hospital room with a Notary Public and had Ivan J. Fail sign the TOD deed. I objected and reminded my father that he and my mother had agreed before her death on January 31, 2000 that John was to get the land. As a result of my objection my father told June, “forget it, we are not going to do this and John gets the land”. I saved my brother Johns land for him. He participated in and approved of the “No Contact Order” against me in November 2005. John also was a party in the wrongful taking of my land and shared in the proceeds. He told me thirty (30) minutes after my father passed that he would help me get my land. Two hours later he & Patty recorded a deed passing his interest in my land to his girl friend Patty Hon. He also gave Patty Hon the 360 acre Home Place that I had saved for him by talking our dad out of giving it to June. He & Patty recorded the deed two hours after our father died.  John testified under Oath that the deeds were prepared and held for many months, awaiting my father’s death.  In addition to getting all 1100 acres of land with three sets of improvements with all minerals rights valued in excess of $2,000,000, they also got all of  the Estate assets totaling over $250,000. 

At the close of the probate case in August 2011, they also split with Gary & Tonia Nelson and Patty Hon got another $39,128.94 that represented three royalty checks from two Oil & Gas Companies from the settlement of a Class Action Case for Royalty underpayments. 

These three checks were from the production of Oil & Gas properties in Colorado that I purchased in the 1970’s & 80’s with my father. They were deeded to my father and my Son Adam Fail, by my father and my three siblings in March 2001. They got them from my mother’s Will when she passed in 2000. 

There is absolutely no question whatsoever that these three checks belonged to Adam Fail. This is more proof that the beneficiaries of the death of my father Ivan J. Fail are deceitful and dishonest to the degree that they not only knowingly and collectively engaged in the theft of property belonging to and in the name of Adam Fail. It is additional and further proof that they are of the bad character and criminal mind set to plan and carry out the abuse of my father resulting in his unnatural and untimely death, in my opinion base upon the facts and the criminal conduct of the parties. 

My unanswered questions about the abuse of my father at the hands of those that he so trusted in his last days begs for answers. Was the death of Ivan J. Fail the result of natural causes? Was it the result of foul play? Was he the victim of murder committed by the financial beneficiaries of his untimely death?  Were they motivated by greed, opportunity, and the fear of loss which resulted in the issuance of the “NO CONTACT ORDER”?  Was I, the affiant, and intended beneficiary, disinherited and defrauded son of the deceased prevented from seeing my father before he died as a result of foul play and/or a wrongful death to prevent Ivan J. Fail from honoring his and my mother’s promise to give the land to me. My three siblings had knowledge and gave their consent to the 2001 constructive trust agreement. They had signed deeds in 2001 transferring property in Colorado that they had gained title to in my mother’s Will. I had taken myself out of two of my Parent’s 1999 Wills pending the successful completion of my litigation in Colorado. I prevailed in the litigation in March 2003 and was never reinstated in my father’s Will due to neglect on my part. Prior to my mother’s death, the Colorado and Kansas properties that they wanted me to have were in my parent’s names. After my mother passed on January 31, 2000 my father’s attorney John C. Rubow recommended that the properties be placed in my siblings names until my Colorado litigation was completed. My father had assured me that my three siblings would honor our agreement and hold the Kansas properties for me.  

The day we buried my father, December 23, 2005 my son Adam and me spent the morning in Lawyer Chuck Apt’s office in Iola Kansas.  I paid him $3,500 to represent me and my son in litigation against the perpetrators who inflicted the pain and misery upon my father constituting Elder Abuse in his closing days. 

I also made various requests that Lawyer Apt help me determine how and why my father passed as the covert, secret, mysterious and strange circumstances that he died under made it apparent to non-biased individuals that Foul Play was a strong possibility. June Dedeke had my father in the ground within forty eight (48) hours after he expired thereby making it impossible to have an autopsy performed.  Details are further explained in my attached letter to Lawyer Apt dated December 29, 2005. Lawyer Apt swallowed my money and did absolutely nothing. Sixty (60) days later Lawyer Apt told me that the case was not his cup of tea and referred me to Wichita Lawyer Ted Knopp. He told me that Lawyer Knopp specialized in my type of case and had even written law on the subjects of Elder Abuse, Probate and Construct Trust law. Lawyer Ted Knoop ripped my off for $20,000 filed my case, then refused to do anything further of any value, abandoned and withdrew from my case and filed a lien against my case for $25,000. My experience with Lawyer Knoop proved to me that his specialty amounts to little more than running his clock and asking for more money. See more at www.failvfail.com / Ted Knopp.

My father’s attorney John C. Rubow was also the Executor of both my mother’s and father’s estates.  Lawyer Rubow drafted both my mother’s Wills and my Father’s Wills. He also drafted various Real Estate Deeds including the one requested by my sister Iva June Fail-Dedeke that resulted in the loss of my land. Lawyer Rubow had full knowledge my parent’s wishes, the agreements that I had with my parents, and my three siblings, including the Constructive Trust that they all turned into Constructive Fraud. Shortly before my father’s death he refused to go see my father at his request and confirm that my father wanted me and my son Adam to have the property. Two weeks before my father passed he had told my older brother Ivan Lee Fail and five witnesses that wanted me and my son Adam to have my land.  After my father’s death Lawyer Rubow denied having any knowledge of these facts and many other facts including a forty (40) partnership relationship that existed between my father and me that engaged in the buying and selling of Real Estate and Oil & Gas properties that contributed greatly to the value of the Estate. In referencing my three siblings, my father stated in his own spoken and recorded words as follows; “If it had not have been for Larry’s efforts in the buying and selling of property – you guys would not be getting anything”. Lawyer Rubow knew this as he was present many times when my father and I discussed our partnership and various investments that we were in together. 

These meetings were in Lawyer Rubow’s office, on the telephone. These facts are supported by taped recorded conversations, an abundance of documentation as well as the knowledge of Lawyer’s own staff, sectaries and Notary Public. The facts, my father’s word, the conduct of the parties, my personal involvement and the knowledge many other people including my three siblings, Lawyer Gary A. Nelson, his wife Tonia and Patty Hon all stand as irrefutable evidence that Lawyer Rubow acted alone and/or in unison with the other traitors, and perpetrators in the wrongful taking of  Estate Assets, Land and Mineral Rights, Producing Oil & Gas Wells and residual assets that my both my mother Helen B. Fail and Ivan J. Fail wished for and wanted me and my Children to have and enjoy.  

Throughout the process Lawyer Rubow was extremely adversarial, covert and secretive with me. I could get no information out of him regarding any matters whatsoever both before and after my father’s death.  Several times my father had authorized Lawyer Rubow to talk to me and at any time that I so requested. Both before and after my father’s death Lawyer Rubow refused to see me or talk to me, even though I stressed the urgency of the matter to him several times- both to him personally and also his staff, via Email, phone and also written letter.  Lawyer Rubow also failed to go see my father at my father’s request several times before his death for reasons that defy both honesty and logic, and can only be related to self enrichment.  My attached letter to Lawyer John C. Rubow dated January 31, 2012 further explains the issues of Elder Abuse, Self Enrichment and fraud. 

Additional information is available by request, and in the Court files, and atwww.failvfail.com www.failfamily.us    

See Attachments; Supporting Documents, Witness List, and Pictures.

I swear under the penalty of perjury that the statements and opinions contained herein are true and factual to the best of my knowledge based upon fact, and my personal observations, to the best of my ability, so help me God. 

Sworn to on this ____, day of ________, 2012.

______________________________

Larry Fail – Affiant

_____________________________

Adam Fail – Witness

                                             Supporting Documents 

1.Two Emails dated November 24, 2005 from Iva June Dedeke to Ivan Fail, John & Patty Fail.

2.No Contact Order dated November 30, 2005.

3.Letter dated December, 29 2005 from Larry Fail to Lawyer Chuck Apt.

4.AFFIDAVIT OF HEIR (4) Dated 2007/2008   

5.Email dated November 16, 2007 10:50 AM  (Threat by Email)

6.Dedeke Death Threat History;

A.Restraining Order. 03/19/1982, &  Dedeke v Fail, Motion to stay.

B.Letter dated 01/26/1982 from attorney Bill Pray to Walter E. Dedeke.

C.Letter dated 03/08/1982 from Ivan Lee Fail to June Dedeke.

D.Letter dated 08/12/1984 from Larry Fail to June Dedeke.

E.Letter dated 0823, 1984 from Larry Fail to O.S.B.I. 

F.Letter dated 08/30/1984 from Michael C. Turpin, Oklahoma Attorney General & Michael Scott Fern.

G.Letter dated 09/06/1984 from Brenda L. Hoyt Office of Attorney General, State of Kansas.

H.Letter/ envelope dated stamped 09/11, 1984 to John Roy Fail from June Dedeke. 

I.Letter dated March 21, 2006 from Larry Fail to Rick Sabel, KBI.          

J.Letter date 04/28/2006 from Larry Fail to Ted E. Knopp.

K.Email dated 11/10/2006 from Larry Fail – MacPhale to Kansas Attorney General’s Office.  Medicaid Fraud. 

L.Letter dated 11/14/2006 from Larry Fail to Ila Rose Bosworth, Director SRS. Medicaid Fraud.     

7.Letter dated January 31, 2012 from Larry & Adam Fail to John Rubow. 

8.Pictures of Ivan J. Fail and Family members. 

9.Article About War Hero Ivan Lee Fail with Pictures

Additional Documents available on line at www.failvfail.com 

<font< a=””>Hard Copies of Exhibits available for $30.00 Email Request to macphale@gmail.com or call 800-722-9529

Click on Disciplinary Administrator tab on www.FailvFail.com to read Supreme Court Complaint Against Leavenworth Lawyer Gary A. Nelson

1.Complaint dated July 15, 2011 against Lawyer Gary A. Nelson to Stan Hazlett, Kansas Supreme Court Disciplinary Administrator.

2.August 24, 2011 letter of dismissal of Complaint from Stan Hazlett to Larry Fail, & August 27, 2011 reply letter to dismissal of Complaint from Larry Fail to Stan Hazlet, (Combined.) 

Witness List 

People that Larry Fail reported the abuse too in October, November and December 2005.

Adam Fail.

Bill & Winifred Fail. Deceased

Pat Fail – Sprague

Gary & Connie Fail 

Ivan Lee Fail

Frank Greve

Glen Berg

Lynn Hinkle 

Mark & Gayle Garretson  

John C. Rubow. Lawyer

Phil Jerrod. CPA

Bruce Jackson. Bank of Commerce. 

Rita, Bank Teller. Bank of Commerce 

Delores Rose. Bookkeeper – retired. 

Ila Rose Bosworth. Director SRS 

Bill Pray. Lawyer

Chuck Apt. Lawyer

Ted Knopp. Lawyer

Kurt Kluin. Lawyer

Brian Grace. Lawyer

The entirety of this content is the opinion of the author, and is based on first hand knowledge as a witness, extensive documentation, and the conduct of the parties.

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Was Ivan J. Fail Murdered? Read www.failvfail and you decide.

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Who did it. Gary A. Nelson? Tonia Dedeke Nelson? June Dedeke? Ivan Lee Fail?   

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blog.failvfail.com What Is Elder Abuse

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