Never Fail Blog

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 at www.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 

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

Family Pictures