Tom Price

  • Aug. ’17
    • Thomas J. Price Jr. (Tom) lost his wife of 60 years
    • Before passing, Helen and Tom invited their son (Jeff)  to their meeting with their Financial Adviser (Kent Donley) and his daughter Brook Donley-Behrens (Brook)
  • Sept. ’17
    •  Tom trusted his son (Jeff) to help him with financial concerns.
      • Tom gave Jeff “Full Trading Authority” Jeff was fully aware of Tom’s portfolio.
      • Jeff has never used his trading authority.
      • Jeff joined Tom on his annual Edward Jones reviews
    • Jeff set auto-pay for most of Tom’s payment
  • Feb’18
    • While Tom was still grieving over his with, his daughter Teresa J. Khun (Teresa), whom he trusted at the time, had him sign a new Financial Power of Attorney removing
  •  Aug. ’17 through Dec. ’21
    •  Tom lived independently and managed his day-to-day affairs.
  • March ’18
    • Jeff moved from Chicago to assist in the care of his father
  • Aug. ’21
    • Jeff began talking to Tom about moving to an independent care facility, Cedar Lake Village
  • Dec. ’21
    • Tom moved from his residence of 30 years into independent care at Cedar Lake Village.
    • Jeff moved all bills to autopay
    • Jeff & Teresa worked together as siblings to move Tom
  • March ’22
    • Jeff began discussions with Teresa and Cedar Lake Village to move Tom to assisted living.
    • Jeff worked with Cedar Lake Village to show Tom the assisted living facilities
    • Teresa scheduled and showed Tom a different facility
  • March ’22
    • Tom asked Jeff and Teresa to sell the house and the content
    • Teresa was interested in purchasing the house. She found an appraiser, the property was appraised at $515,000.
    • Teresa offered $478,950 (appraised value minus 7% relater fees)
    • Tom felt the property was worth more. Teresa found an individual that was willing to pay $600,000 for the house and content.
    • Tom discussed the sale with Jeff, they both felt the house was worth more.
    • Working together, Tom and Jeff found a realtor to list the property
  • March ’22
    • After listing the house with a realtor, Teresa was unwilling to participate in selling the house and content.
  • March 29 ’22
    • Tom worked independently with the realtor (Tanna Guthrie, 913-568-4888) to list and sell the house (House Contract) and land (Land Contact.)
    • Tom signed all the listings and closing contracts himself, and no family members were present.
      • Teresa was invited but declined
      • Jeff had work obligations and was not available
      • Jeff did work with Tanna to prep and show the house since Tom was no longer living there.
  • March 30 ’22
    • Working with Tom, Jeff found an auctioneer (Ron Stricker, 913-963-3800) to sell the content of the house.
    • Tom worked solely with Mr. Stricter in selling the content of his house and signed the contract (Auction Contract) himself, and no family members were present.
    • Jeff worked with Mr. Stricter to prep and be present on the day of the sale and the days after.
  • May 7 ’22
    • The auction was held
    • Teresa was asked to bring Tom to the auction, but she refused.
  • May 9 ’22
    • After the auction, Jr. Stricter met with Tom to sign the final statement, and pay Tom his portion of the sale.
    • The two of them had a lengthy gentlemen’s conversation. There were no family members present.
  • May ’22
    •  House closed
  • June 30 ’22
    • Tom distributed the funds from the sale and content of the house
    • Teresa received a check for $400,000, and she did not question the funds and deposited the check. (Front) (Back)
  • July ’22
    • Tom asked Brook of Edward Jones to stop his IRA distributions to his bank account (Bank Statements) and redirect them into his Trust Account.
    • Tom asked for an in-person meeting with Brook, Jeff was present. The meeting discussed Tom’s concern over his risk tolerance, market fluctuations, and desire to move funds to a Cash Reserve/Money Market.
    • Brook has Tom’s portfolio 40% moderate and 60% high risk.
    • At this point, Tom’s account was down 1 million dollars from the prior year. This was what was of concern to him, and he wanted to preserve what he and his wife had built to level to their children. Brook explained market fluctuations and that the market would hopefully return in the next 3-5 years. She also asked Tom about his retirement goals and inheritance goals (Tom informed Brook that he had been retired for 30 years). It was established that he had met both and had plenty of money to sustain retirement and other medical/health care and long-term care/nursing home needs. Brook is also the broker/underwriter for his Long-Term Insurance Care with Genworth.
  • August 10 ’22
    • Teresa scheduled and accompanied Tom to a medical appointment with Dr. Schermoly. Dr. Schermoly ordered an MRI (per Teresa’s request) and a Heart Test.
  • August 11 ’22
    • Tom requested a meeting (by phone) with Brook, Tom, Jeff, and Teresa (Jeff conferenced Teresa in the conversation.) The meeting was to discuss lowering his risk tolerance and moving some funds to a Money Market. After much discussion and discouragement by Brook, she agreed to draw up a proposal to lower him to moderate risk. Tom tried to request to move to low-risk and start a cash reserve over the next three months. Brook refused and discouraged even talking about moving any funds to a Money Market. Again, Tom’s account was down 1 million dollars from the prior year, and this is what was of concern to him. Brook again explained about market fluctuations and that the market would hopefully come back in the next 3-5 years. Brook again, asked him about his retirement goals and inheritance goals. It was, again, established that Tom had met both of them and had plenty of money to sustain retirement and other medical/health care and long-term care/nursing home needs with his Long-Term Insurance Care with Genworth.
    • It should be noted that Teresa was very much against making any changes to the account, changing his risk tolerance, or moving any to the Money Market. Teresa and Brook agreed.
    • *NOTE: To Tom’s and Jeff’s knowledge, Teresa had no involvement and interaction with Brook at all. Teresa also had no involvement or interaction with any of Tom’s finances at all.  However, Teresa contacted Brook around the first of August. Neither Teresa nor Brook informed Tom of these conversations.
  • August 18 ’22
    • Tom met with Teresa and Jeff to discuss changes to the portfolio, work towards reducing risk, and build a cash reserve/money market. This was when Jeff learned that Teresa had the power of attorney change in February 2018, again 6 months after Tom’s wife of 60 years passed away. Tom expressed concerns about having just one of them named, especially since Jeff had been helping to manage his finances since 2071.
    • After Tom said he wanted the FPOA to be changed immediately, Teresa left.
    • Later in the day, Tom and Jeff called Teresa and asked her to attend a meeting with the attorney to change the FPOA naming them both (dual). Teresa said “Do whatever you want. I will not be attending.”
    • Tom asked Teresa to participate by phone, and she said, “I don’t care, and I don’t know if I am free that day,” and hung up.
  • August 22 ’22
    • Tom and Jeff had an in-person meeting with Brook. Tom inquired about dividing his portfolio in half, 3.5 million. This represented less than half of his portfolio. Tom and Jeff left that meeting with the understanding that Brook would need to get ahold of corporate to discuss tax implications and penalties and that she would be in contact with them.
  • August 23 ’22
    • Brook called Jeff, and Jeff conferenced in Tom. Brook provided an update that she and Edward Jones were looking into further into the matter. She provided that for it to happen, Tom would have $400,000 in taxes.  When asked why, she said that was because of the selling of the investment. Tom reiterated that he wanted to transfer, not sell. Brook informed him that Edward Jones had to sell to the transfer.
  • August 24 ’22
    • Teresa went to Tom’s house and told him Brook was trying to get a hold of him to approve for Brook to discuss his account with Teresa. He never contacted Brook about that and gave any approval for Brook to discuss his account with anyone but Jeff.
    • *NOTE: Tom was on the phone with Jeff at the time Teresa arrived. He did not hang up, and Jeff overheard the conversation.
  • August 25 ’22
    • Phone call with Brook, Tom, Jeff, and an individual from corporate, Dan.  Tom and Jeff were informed that the account was frozen due to an anonymous tip that Tom was incapacitated and would need a doctor’s note to say he was not incapacitated and capable of making financial decisions.
    • *NOTE: Notice the print date on Exhibit A, August 24, 2022
    • Tom was taken to the emergency room for chest pains.
  • September 3, ’22
    • Teresa left for a weeklong trip. She did not inform Tom or Jeff of when she was leaving nor when she would be returning. She had asked Tom’s granddaughter (Megan) to stop by and fill his pill bottle.
    • *Note: Before leaving, Teresa ensures that any prescription needs filling. Jeff had a prescription filled and informed Megan that she did not have to fill the pill bottle. Jeff would take care of it.
  • – – -Meeting with Creating Planning
  • September 12, ’22
    • Phone call with Brook (Recording Timeline), Tom, and Jeff. They called to inquire about what was going on with the account and tried to answer some questions.
    • *NOTE: Brook did confirm that Edward Jones did receive an anonymous tip
    • *NOTE: Brook confirmed that once they received a letter from a licensed physician Edward Jones would unfreeze his account.
  • September 21, “22
  • September 22, ’22
    • Jeff and Amanda scheduled (by phone) an in-person meeting with Tom, Jeff, and Amanda on September 27.
    • Phone call with Tom, Jeff, Brook, and Dan/Compliance Supervision.
    • Dan said Jeff was not on the account and requested that Jeff not be on the call.
    • Tom informed Dan that Jeff had full Trading Authority, and he wanted Jeff on the call.
    • Dan said they no longer recognize that.
    • That is when he told Tom that Edward Jones had enacted FINRA 2165 based on the 3.5-million-dollar inquiry on Aug. 22.
    • There was no mention of the doctor’s note or them unfreezing the account, as Brook said she would do upon receipt of the doctor’s note.
    • They gave no other info on what the next steps would be.
  • September 27, ’22
    • Amanda met with Tom first alone and then with Jeff alone. The understanding they had from her when both meetings were concluded was that there was no elderly abuse and no cause for concern or further action. She said she needed to follow up with Edward Jones to complete her report and unfreeze the account. She said she would follow up with a letter to Tom Price with her report and findings.
  • October 7, ’22
    • Jeff had a phone consultation with Dr. Schermoly. During this call, Dr. Schermoly expressed that there currently was no cure for Dementia or Alzheimer’s. However, there are medications available that can temporarily reduce the symptoms. Medicines are available to help temporarily improve some symptoms. At this time, he would not recommend them.
    • When asked why he had made the referral, he said he did not recall prescribing it. But did remember Teresa requesting it.
    • Additionally, the physician said that the two tests the Thomas J. Price Jr. would not have changed his course of action.
  • October 14, ’22
    • Tom and Jeff were served papers that Teresa had filed.
    • This is also the first we have seen the letter from Donley Behrens of Edward Jones to Teresa, informing her of the 3.5 million dollars in question ( KUH01-01 Exhibit B .)
    • The letter was also sent 3 days after the doctor’s note was hand-delivered to the advisor Brook’s office.
    • *NOTE: To this day, the doctor’s letter has not been acknowledged or mentioned.
  • October 19, ’22
    • Court
  • October 21, ’22
    • Teresa texted about additional testing
  • October 24, ’22
    • Olathe Medical called to make an appointment. An appointment is on the 7th at…CAT test from Teresa
  • November 1, ’22
    • Teresa visited Tom
  • November 3, ’22 eMail
    • Stacey stated, “Mr. Price has the ability even if he is under a guardianship to decide who he sees.”
    • Michelle stated “Jeff reached out to Terri… “
    • Michelle stated Terri responded “… Dr. Schermonly ordered 2 of the 3 and neurologist ordered the other…”
    • *NOTE: Dr. Schermonly canceled the 2 orders because he felt they were not needed.
    • Michelle’s status “he continues to believe she had something to do with the event and incident at Edward Jones and that she stole money from him.  She did not.”
    • *Note: Tom has never told anyone for a year that he thought Terri stole money. This is a claim that Terri’s claims Tom made.
    • *Note: The Edward Jones documents and GAL report support that Terri was aware of the events in August.
  • November 4 -7, ’22
    • eMail: David Kirk communicates that he will submit a Temporary Conservatorship
    • Dad’s attorney states that they “would like to find an entity that could serve as both Conservator and Successor Trustee. 
  • November 16, ’22
    • Granddaughter Megan visited, asked several probing questions, and walked through his place.
  • November 17, ’22
    • Megan visited again. Tom said she was asking probing questions again and going through his place.
  • November 19, ’22
    • Corresponds with Teresa
    • Megan visited with her boyfriend, and Tom did not feel comfortable seeing her after her last visit.
    • Granddaughters called, first Stacy, Kelly, and then Magen ~ Dad told them that after what Magen had done, he did not want to see them until after the court case.
  • January … GAL

 

  • February 1, ’23
    • Mediation

 

  • February 14, ’23: eMail between Adam Hoopes and David Kirk
    • Moving Tom’s Portfolio from Edward Jones to Creative Planning.
    • Adam Hoops reminded David Kirk that the temporary order was going to expire.
    • David Kirk “I have asked that Creative Planning leave me alone. I know where to find you if I need you.”

 

  • May 4,’23
    • Leslie’s request for Edward Jones staff, employees, and others working for Edward Jones to speak directly to her
  • September 4, ’23
    • Jeff visited Tom. Tom was unable to urinate and was in pain. Jeff took Tom to AdventHealth ER.
  • September 5, ’23
    • In the early morning Tom was admitted to AdventHealth, and transported to the main location at 75th and I-35.
    • Jeff notified Teresa by text that Tom was in the hospital
  • September ??
    • Jeff worked with Westchester to have Tom admitted for rehabilitation.
  • October 6, ’23
    • Tom is discharged from rehab at Westchester.

 

  • December 12, ’23
    • Tom Price Emergency Temp Order
    • Tom has been in the hospital, ER, and rehab and has moved twice in the last year. 3 times if you count his long-term stay at Westchester Rehab. Jeff notified his sister and you notified counsel. Nobody did a thing. Tom was taken care of accordingly and without issue.
    • Also, we take issue with the language in the proposed order referring to a jury trial. Tom and Jeff were told by Jon that was NOT an option.
    • Again, nobody, including Teresa, did a thing all the other times Tom has had issues, hospital stays, Dr. appts, or any needs whatsoever.
    • now Tom has to pay David Kirk to “handle Tom’s affairs” while in the hospital again. Those same “affairs” that Jeff is again doing for free and without issue for his Dad, now for 5 hours this evening and back again in the morning. Not only does he do it for free, but it is time away from work. I doubt David Kirk is going to sit at Tom’s bedside for hours on end making sure he is not afraid, in pain, taken care of, or in any distress. If he does, he gets to charge thousands of dollars to do so.
    • Again, under no circumstances do we agree that Teresa’s petition is the truth. There is no reason for that language to be included in that order.
    • *NOTE: one of Leslie’s objectives when charged with duties of GAL, was to look into Tom’s health and care. We don’t believe there is one item that pertains to or mentions this.

Correspondences with David Kirk