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II. ARGUMENT

Nanci responds to Elizabeth’s numbered arguments in the order

those arguments are presented in her Response to our Amended

Petition.

1) The California Amendment

The statements made by Elizabeth Meek that the 1st

Amendment signed in Hawaii is a valid instrument are baseless

and false. Recent forensics inspections performed by Reed

Hayes, a qualified forensics expert, have concluded the 1st

Amendment signed n California is a fraudulent and forged

document. By Elizabeth Meek’s own admission (Exhibit “A”) she

was never in California on the date the document was allegedly

signed, as presented in Attorney Robert Grigger Jones’ affidavit

(see Exhibit “B”) filed with the court of Hawaii on November 16,

2005. Upon learning of the existence of the 1st Amendment

signed in California numerous attempts were made (through

various phone calls, e mails, postal letters sent return receipt

requested) to Mr. Jones requesting a copy of the 1st Amendment

signed in California with no response. It wasn’t until we made a

phone call to Rhonda Griswold’s secretary Arlene on March 18,

2009 and requested a copy of the 1st Amendment signed in

California that such was provided to us in March of 2009. Upon

inspection of the document it was apparent the signatures were

not our father’s or Elizabeth Meek’s. These overwhelming facts

as submitted are sufficient to have both 1st Amendments

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 declared invalid. The court is already aware of our allegations

that the 2nd Amendment and the pour over Will signed by my

father, Elvin Meek were administered under questionable

conditions as set forth in our Petition for Instructions filed with

the court on August 30. 2007. Admittedly both documents were

prepared by Robert Grigger Jones and faxed to Elizabeth Meek.

On the day our father was scheduled to be placed in hospice care

as a result of his terminal condition, Elizabeth Meek instead

escorted him to the Bank of Hawaii in a weakened, heavily

medicated and factually determined by medical forensics expert

Dr. Suzanne Gelb, Phd. to be in an incoherent state. The

standard for establishing testamentary capacity set out in In re:

Estate of Herbert 90 Haw. 443, 979 P2d.39 (1999) is a rule of

longstanding which is well established by the great weight of

judicial authority in numerous jurisdictions:

Testamentary capacity has been defined as the ability to know (1) the nature
and extent of the testator or testatrix’s estate. (2) the identify of the
beneficiaries and their relationship, whether by blood or other circumstances,
to the testator or testatrix (i.e., the objects of his or her bounty); (3) the
disposition of the testator or testatrix is making; and (4) how these elements
relate so as to form a rational and orderly plan for the disposition of the
testator or testatrix’s estate. [90 Haw. At 455]

Elizabeth Meek witnessed our father sign the 2nd Amendment in

question. The 2nd Amendment bears the words “as amended

September ____, 1999”. (See Exhibit “M” While the Respondent’s

attorney has stated previously this is a “scriveners error” it would

appear that in their haste to expedite the executing of this document

that such a crucial date could be entered in error. This lends to our

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assertion that the attorney Robert Grigger Jones was exploiting our

father’s weakened and terminal condition. Therefore we can only

conclude Attorney Robert Grigger Jones acted with impunity and

disregard with which the Trustee and her attorneys have protracted

what has proved to be a costly and unnecessary litigation. We stand

by our allegations that the 1st Amendent signed in Hawaii as presented

by Robert Grigger Jones was altered after our father’s death for

reasons known only to Robert Jones.

2. The Original Petition for Declaratory Relief Argument

As to the arguments made by Elizabeth Meek we are of the opinion

they are baseless and without merit.

3. The Hawaii Amendment

Elizabeth Meek’s argument that our pursuing the validity of the 1st

Amendment signed in Hawaii is “wishful thinking” is crude and a half

hearted attempt to disqualify and diminish my relationship with my

father. The admission by Elizabeth Meek through her attorney Rhonda

Griswold that the same 1st Amendment, with out numerated pages,

was mailed only days before, subsequently executed in Honolulu at the

Bank of Hawaii with the words Atascadero, California, crossed out (See

Exhibit “I”) and the words Honolulu, Hawaii transposed as well as the

conflicting statements made by Robert Grigger Jones in his affidavit

clearly stating the document was executed 3 days later on September

19, 1997 in his office in Atascadero, California is enough to have both

1st Amendments declared invalid. Robert Jones’ own admission to

Rhonda Griswold as exhibited in her recent E mail to me (Exhibit “A”)

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admits he made an “erroneous assumption” when he saw the 1st

Amendment signed in California in his files and prepared the

aforementioned affidavit. Based on these actions and many other

recorded events, it is our opinion that Attorney Robert Grigger Jones is

deceitful and well versed in the shameful art of fraud. Robert Grigger

Jones has a public record of acting with malice and impunity as is

exhibited by several litigations including a lawsuit filed on June 23,

2009 in the United States Bankruptcy Court (See Exhibit “K”) wherein

Robert Grigger Jones in his capacity as an attorney and as a result of

an ongoing FBI investigation with reference to his longtime business

partner Kelly Gearhart (also accused of running a PONZI scheme and

indicted for stealing over 45 million dollars from investors).Rhonda

Griswold by her own admission (see Exhibit “A”) has stated that

Elizabeth Meek intends to allow the California authorities to pursue the

matter and to the best of my knowledge the only police report that has

been filed regarding the fraud on the 1st Amendment has been filed by

myself with the Atascadero Police Department who informed me the

investigation is open. I have also been instructed by Agent Deiter

Wilkomm that the FBI cannot confirm or deny they are continuing to

investigate Attorney Robert Grigger Jones, I can state however they

asked for several documentations and records related to this litigation

including copies of all documents related to the Elvin R Meek 1996

Trust case as well as records reflecting properties sold with the assist

of Attorney Robert M. Jones in Arkansas as well as Hawaii.

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4. ELVIN MEEK’S 1996 Declaration of Trust Represented His

True Intent At The Time He Signed the Declaration

The arguments made by Elizabeth Meek are baseless and without

merit.

5. The Certification of Trust

The arguments made by Elizabeth Meek are baseless and without

merit. We stand by our original argument that the Certification of

Trust prepared by Robert Grigger Jones in February of 2004 which

refers to only the 1992 Elvin R Meek and Elizabeth Meek trust of which

Elizabeth Meek was a trustee, however she was removed by execution

of the Elvin R Meek 1996 trust. The Certification of Trust signed by

Elizabeth Meek in 2004 was nothing more than a vehicle to assist Mrs.

Meek in cashing our father’s Unionbancal stocks in the amount of

$646,000 as well as valid any future and pending real estate

transactions Attorney Robert Jones appeared to be constructing with

great haste as demonstrated by his letter to our father’s property

manager Ed Blottenberger on November 24, 2003. (See Exhibit “J”)

6. Strained Communications Between Elizabeth and Nanci

As mentioned in several Petitions and Motions presented to the court

Elizabeth has chosen to not speak with either myself or my brother,

Melvin Meek for as stated in Robert Jones’ letter dated September 8,

2004, Elizabeth Meek “ for a variety of reasons” apparently known only

to her has chosen to not communicate with us. (see Exhibit “L”)

Myself, my brother Melvin and daughter Nicole have over the last

several years made numerous attempts through e mails, phone calls,

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Postal letters, second party communications through relatives, to

contact Elizabeth’s daughter Lola Meek (who has lived out of the

country in Palau since 1999 and utilizes her biological father’s name of

Reklai) without results and have been informed that Lola has chosen

not to communicate with us as well. We have made requests of

Elizabeth for pictures from our childhood, trinkets and other items

Elizabeth may consider useless but mean a great deal to us, with no

response. We also question Elizabeth Meek’s opinions as to the

validity of the 1st Amendment because she had demonstrated through

all resources available (telephone, fax, mail, e mail) her reluctance to

notify my brother, myself, my daughter and other family members

during our father’s brief terminal condition and impending death.

Based on her aforementioned inactions it would appear that Elizabeth

intentionally did not contact family members or long time friends of our

father’s as any reasonable person might have under similar

circumstances and her actions would indicate her having self-serving

motivations. It should be noted however that her daughter Lola Meek

(Reklai) was present during this crucial time and cellular phone

records provided by Respondent indicate Elizabeth regularly contacted

her family members and friends both in the United States and Palau. I

have attached a Declaration prepared and signed by my daughter

Nicole Kusley, Elvin’s only granddaughter as per her request. (see

Exhibit “S”) Also I have attached a document prepared by my brother

Melvin Meek entitled Petition to Remove Trustee. (see Exhibit “R”)

Melvin took the time to have it prepared. It is sincere and heartfelt and
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expresses his feelings with respect to the 1st Amendment and Elizabeth

Meek as Trustee.

7. California Probate

Elvin Meek had been a resident of Hawaii since 1996 and died in

Hawaii. We stand by our allegations that Attorney Robert Jones, who is

only licensed to practice law in California, opened the probate in

California to expedite the sale of property in Hesperia, California and

Rialto, California which was sold without our knowledge. He also

opened a probate in June of 2004 enabling the selling of the Arkansas

property, again without contacting myself or my brother. Robert Jones

also contacted several residence in Arizona in an effort to sell property

there without opening a probate in Arizona.

7. Robert Jones’ October 2, 2007 Affidavit

Elizabeth Meek’s arguments are baseless and without merit. Robert

Jones insisted he prepared the QDOT to relieve the estate of tax

burdens because Elizabeth Meek was not an American citizen, knowing

she was already in the process of applying for her US citizenship in

2004. Asking the courts in California to recognize his accountant

Michael Gould as an instrument to help assist Elizabeth in selling

properties, when he could have easily asked myself or my brother who

already are US citizens is suspect. Also suspect is Robert Jones not

asking Lola Meek (Reklai) to assist since she was also an American

Citizen. However she has been and continues to live out of the country

in Palau.

9. Nanci’s April 2002 Meeting with Elvin Meek

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Elizabeth Meek’s arguments are baseless and without merit. The fact

remains Elizabeth was present during this meeting and aware of the

marital difficulties she and my father were experiencing. My father

stated to myself and to his friend of over 30 years, Wes Stewart, that

my father wanted to divorce Elizabeth and had recently discovered she

was placing monies from his accounts into accounts maintained by the

recently opened Bank of Hawaii in Palau (opened in 2002) which is

where Lola Meek (Reklai) was and still is residing. It is for this reason

we believe the Bank of Hawaii was chosen by Robert Jones when he

fabricated the 1st Amendments in question after our father passed

away. A copy of Wes Stewart’s letter to Elizabeth Meek dated June 28,

2005 is attached (Exhibit “N”) and Wes Stewart’s e mail to myself is

attached (Exhibit “O”). Wes Stewart and his wife Nina lived across the

street from the Waipuna where my father resided and yet Elizabeth did

not contact either of them to bear witness to our father signing the

pour over Will. Instead she took my father downstairs and had two

disinterested parties who merely worked at the Waipuna apartments to

witness the documents being signed. It should be noted that Ann

Taylor one of the Waipuna employees who witnessed the document

being signed only days before our father lapsed into a coma and

entered the hospital, told me a year later when I contacted her by

telephone that she was “under strict orders by Mrs. Meek” to not speak

with me.

10. Nanci’s August 13, 2008 Affidavit

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Elizabeth Meek’s arguments are baseless and without merit. We only

learned of the fraudulent 1st Amendment on March 13, 2009 when a

copy was finally provided to us by Rhonda Griswold’s office. We had

for several years requested a copy of the document from Attorney

Robert Jones with no results (See Exhibit “C” – “H”).

8. Elizabeth’s January 12, 2009 Objection to Initial Petiion for

Declatory Relief

As to Elizabeth Meek’s response, it is inconclusive and without merit.

The facts of the case prior to our having the 1st Amendment scrutinized

have evolved with the most recent forensics report prepared by expert

Reed Hayes conclusively stating the 1st Amendment is a forged

document as outlined in our Amended Petiton for Declatory Relief

Declaring First Amendment invalid filed August 14, 2009.

III. CONCLUSION

As to Elizabeth Meek’s conclusion her allegations are baseless and

without merit. The judgment against the Elvin Meek estate for the

wrongful sale of the Arkansas property initiated by Attorney Robert

Jones and Elizabeth Meek as well as other sales of property made in

haste have already demonstrated to the court the impunity with which

Attorney Robert Jones and Elizabeth Meek have conducted themselves.

Furthermore, the signature page on the 1st Amendment signed in

California which by Elizabeth Meek’s own admission a fraud and

forgery (Exhibit “P”) and the signature page on the 1st Amendment

signed in Honolulu with the words Atascadero, California crossed out

and the words Honolulu, Hawaii handwritten (Exhibit “Q”) upon

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scrutiny were determined to be out of alignment with each other and

without further costly inspection of the paper chemistry we suspect is

also a cut and paste fraud.

Therefore we pray that:

1. The court declare both 1st Amendments prepared by

Attorney Robert Jones, the questionable Amendment

executed on September 16, 1997 and the questionable

1st Amendment executed on September 19, 1997 to be

invalid;

2. The court recognize the Elvin R Meek 1996 Trust as the

operative document at the time of Elvin Meek’s death.

3. The court re-appoint Nanci Meek, original trustee of the

Elvin R Meek 1996 Trust as the operative trustee.

4. The estate be ordered dissolved and distributions made

as set forth in the original trust of 1/3 to Melvin Meek.

1/3 to Nanci Meek-Kusley, 1/6 to Lola Meek, and 1/6 to

Elizabeth Meek.

5. The judgment entered in Arkansas against the estate for

the wrongful sale of property by Elizabeth Meek and

Attorney Robert Grigger Jones owned by the Havens

family be paid by Elizabeth Meek and Robert Grigger

Jones respectively and independently of the trust.

6. The court order all monies previously paid by Elizabeth

Meek out of funds from the trust to attorneys for the

Bank of Hawaii in Hawaii (Goodsill, Anderson, Quinn and

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 Stiffel) and attorneys for Bank of Hawaii in California

(Jane Peebles during the IRS tax audit) be paid back into

the trust.

7. Reimburse Nanci Meek for all of her attorney fees, travel

expenses, and costs of pursuing this litigation during

the last 5 years in the amount of $58,783.27.

8. The court appoint an independent banking securities

institution, such as Wachovia which is recognized on the

mainland and Hawaii to oversee the estate, sale and

ultimate disbursement of funds in accordance with the

original Elvin R Meek 1996 trust.

Respectfully submitted:

DATED: November 12 , 2009, Honolulu Hawaii

Nanci Meek Petitioner

Self Represented

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAII
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IN THE MATTER OF ) T. No. 05-1-0101
)
THE ELVIN R MEEK FAMILY TRUST ) CERTIFICATE OF SERVICE
)
DATED JUNE 14, 1996, AS AMENDED )
_______________________________ )

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the NANCI L. MEEK’S
RESPONSE TO ELIZABETH A MEEK’S RESPONSE TO PETITION FOR
DECLATORY RELIEF DECLARING FIRST AMENDMENT INVALID (FILED ON
AUGUST 14, 2009) EXHIBITS A-S; and attachments was duly served upon the
following individuals by hand delivery, United States Postal service or E mail:

LOLA DEE MEEK (REKLAI) BY MAIL and E mail

P.O. Box 7042
Koror, Palau 96940
Lola@palaunet.com

MELVIN RAY MEEK BY MAIL and E mail

1633 E Chaparral Drive
Casa Grande AZ 85222
melvinmeek@yahoo.com

Robert M Jones Esq BY MAIL and E mail

8655 Morro Road Suite C
Atascadero CA 93422
Attorney for ELIZABETH A MEEK
grigger@robertmjones.com

DATED: Las Vegas, Nevada November 16, 2009

Nanci L Meek, in pro se

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