Commonwealth of Massachusetts

 

Estate of June Elbery

Norfolk County Probate Court

Docket # NO15P1491

 

Affidavits

In Support

of

HEIR TO THE ESTATE – MICHAEL ELBERY’S

OJECTION

TO PERSONAL REPRESENTATIVE’S ACCOUNT

 

 

1. I am, Michael Elbery, heir to the Estate of June Elbery, I live at 470 Memorial Drive #237, Chicopee, Mass. 01020.

 

2. When McLaughlin asked the 5 heirs to the Estate of June Elbery for bids on the toy trains, see Exhibit F – 3rd paragraph, I Offered the Probated Estate, via an email to Attorney James A. McLaughlin, a $1.00 bid for the old remnants of the toy train set that was left for decades in the cellar of my mother’s house at 168 Fairfield St., Needham, Mass.. Because PR, Attorney James A. McLaughlin, refused to acknowledge my $1.00 bid for the toy trains I resubmitted that same bid 2 more times. McLaughlin has to this day, almost a year later, refused my high bid of $1.00 for the toy trains that have been junk in the cellar of the Estate House for decades. See Exhibit G.

3. I was the only heir that submitted a bid for the toy trains. David Elbery submitted a much higher bid but it was a trick and was withdrawn in short time. My bid of $1.00

was the high bid for the toy trains that were the only property left to be liquidated when Attorney James A. McLaughlin took over the Estate of June Elbery on June 1, 2017.

4. I was alerted by a McLaughlin email, on about May of 2017, that McLaughlin has never sold the toy trains and was just going to "distribute" them to the 5 heirs. See also Exhibit O.

McLaughlin takes over the house insurance money

5. I was contacted by McLaughlin by email at the end of November of 2016, alerting me to what I already knew and that was that the Home Insurance on the heirs House at 168 Fairfield St., was expiring in early December 2016. See Exhibit I and Exhibit J.

6. I told McLaughlin that he was acting outside his Jurisdiction by interfering with the House Insurance, because he has No Legal Authority over the Real Estate at 168 Fairfield St., Needham, Mass.

7. I was threatened with the cost of a "Petition for Partition" because McLaughlin claimed all the other heirs agreed for him to buy the Home Insurance out of the Probated Estate Cash.

8. I did not believe that not agreeing to McLaughlin renewing the Home Insurance Policy should be grounds for me to pay for a "Partition" and its "Petition", but I told McLaughlin that I would not give him and Attorney Billy Crowe the satisfaction of such an opportunity and I know they will both, as in the past, conspire and fabricate. McLaughlin per his email about December 1, 2016 took the money for the Home Insurance Policy renewal out of the Probated Estate Cash and the money went in his pocket under FEES. See Exhibit I and Exhibit J.

 

House Sold but McLaughlin Stole the Insurance Money

9. I called the Correira Insurance Agency in Taunton, Mass., See Exhibit I, on about April of 2017 when we had the Estate House Sold and the Purchase and Sale Agreement required we have House Insurance.

10. I learned on about April of 2017 from that Correira Insurance Agency in Taunton, Mass. that they never heard of McLaughlin, but that the first Court Appointed Personal Representative, Steve Hanna, did, through them, Correira, insure our House at 168 Fairfield St., Needham, Mass. and that insurance policy had expired on December 2, 2016. See Exhibit I.

11. To my best knowledge and information from Robert Elbery, when McLaughlin was confronted by Robert Elbery with his theft by of the insurance money and he blamed heir, Attorney Kathleen Elbery.

McLaughlin tells me he is unilaterally "helping out" and "assisting" with our Real Estate (illegally and taking an illegal fee)

12. I spoke to Attorney James A. McLaughlin several times by phone in about the end of June 2016 through July of 2016. McLaughlin told me several times that "he was taking money out of the Probated Estate Cash to pay his Fees for his "helping out" with the Sale of our house" at 168 Fairfield St., Needham, Mass..

13. I objected to McLaughlin being involved in the Real Estate portion of the Estate of my mother, June Elbery, at 168 Fairfield St., Needham, Mass, in any capacity and I told McLaughlin to keep away from that House because the Real Estate is not part of the Probated Estate (personal property) of June Elbery. McLaughlin admitted to me that none of the heirs asked him to be involved or participate in the sale of our house at 168 Fairfield St., Needham, Mass.

14. I also told McLaughlin that he had absolutely no right taking any money out of the Probated Estate Cash for his illegal participation in our House Sale and other activities he illegally involved himself in surrounding our House at 168 Fairfield St., Needham, Mass.

The "Hughes Offer" on the Estate House that McLaughlin Controlled & Authorized

15. During his first month appointed as the second Personal Representative of the Estate of June Elbery, Attorney James A. McLaughlin alerted me and the other 4 heirs that Attorney Greg Condon would sell our Estate House at 168 Fairfield St., Needham, Mass.. See Exhibit F-p. 2.

16. Attorney James A. McLaughlin called me in about July of 2016 and chastised me because I was the only one of the 5 heirs of June Elbery not to Accept Attorney Greg Condon’s customer, Hughes’, Sales Offer Agreement. McLaughlin tried to coerce me to verbally agree to Attorney Greg Condon’s double layer hearsay Offer, allegedly from Hughs, by threatening me that I would be subjected to the huge monetary penalties of a "Petition for Partition".

17. I told Attorney James A. McLaughlin during the above phone conversation, in Affidavit #16, that there was no written Offer from Condon’s customer, Hughes or consideration. I further told McLaughlin that he wanted me to agree to Attorney Greg Condon’s double layer hearsay Offer on our house at 168 Fairfield St., Needham, Mass., that McLaughlin was claiming was a perfectly legal Real Estate Offer and that McLaughlin was urging me to agree.

18. I had to underscore and highlight to Attorney James A. McLaughlin, during that phone conversation in Affidavit #16 & #17, that there is no legally binding "Offer and Acceptance" for the sale of Real Estate without a writing. McLaughlin was startle when he heard this "Law 101"; evidently he thought I was as ignorant as the other 4 heirs to the Estate of June Elbery. McLaughlin then responded, sheepishly in his high-pitched old man voice, "your right". Just another McLaughlin trick that failed, but he took a Fee for his unauthorized and, unsolicited by the heirs’, participation and involvement in that fraudulent (verbal hearsay Offer) Condon/Hughes Sale attempt of our Estate Real Estate.

19. Attorney Greg Condon, after being caught red-handed in his fraudulent Hughes Verbal Hearsay House Sale, quit and had Attorney James A. McLaughlin take control of the Hughes House Sale attempt and McLaughlin tried to trick me with an Expired written "Offer and Acceptance" allegedly from Matthew Hughes. The consideration was never produced that appeared on that "trick" Hughes/McLaughlin Offer which was also Expired when I received it from McLaughlin. See Exhibit L.

McLaughlin Kills the $750K House sale of April-May of 2017

20. I was fully in agreement with the other heirs of the Estate of June Elbery that we sell our Estate House at 168 Fairfield St., Needham, Mass. to a buyer on about April of 2017.

21. We signed an "Offer and Acceptance" supported by a $30,000.00 deposit with the buyer and we had a "Purchase and Sale" ready to be signed.

22. Initially, Attorney James A. McLaughlin was not involved in the above $750K sale of our house at 168 Fairfield St., Needham, Mass.. However, that did not last long once the money was on the table and ready for embezzlement; I was totally surprised when I learned that McLaughlin ordered our Attorney (hired by the 5 heirs of June Elbery so the realtor was happy and did not have to talk to more than one person), Charles Long of Needham, Mass. to send us an "Assent", Form, Exhibit S, to be signed by us, the 5 heirs, that would give McLaughlin a "License to Sell Real Our Real Estate". I know, and so do the other heirs, that McLaughlin is a crook and can not be trusted with $750k, after all we can’t get the remaining $60K left in the Probated Estate Cash distributed to us from McLaughlin; McLaughlin won’t be satisfied until he steals all the money left in the Estate Cash. I, like all the heirs, except one heir who does not know any better, refused to sign the "Assent form", Exhibit S, causing the Buyer’s attorney and our realtor to stop any further sales effort of our Estate House because we refused McLaughlin. McLaughlin didn’t get his way so there was no sale of out house for $750K. The realtor then took our house off the market because of Attorney James A. McLaughlin and his demand to be "cut in" to the sale proceeds of our house had failed.

23. Attorney Charles Long told me the house does not get sold unless Attorney James A. McLaughlin gets the check for $750K. Although the $750K Estate House Sale would have been completed that day, the Buyer’s Attorney was, now, also taking orders from McLaughlin and would not continue with our House Sale unless Attorney James A. McLaughlin was given the $750K check. We, the heirs, refused to sign McLaughlin’s Assent Form, Exhibit S, so he could not do any more stealing from us. I then immediately fired Attorney Charles Long!

Attorney James A. McLaughlin only Objective is stealing

24. Attorney James A. McLaughlin has done nothing but Steal from the Estate of June Elbery and will not stop until he has stolen all the money that is left in the Probated Estate cash. Also, McLaughlin has been and still is scheming to get at least a piece of the proceeds from the sale of my mother’s Estate House at 168 Fairfield St., Needham, Mass.

25. The Probated Estate of June Elbery will never be closed until McLaughlin has stolen all the cash from the Probated Estate, and he has taken at least his "Illegal Cut" out of the money from the Sale of our House at 168 Fairfield St., Needham, Mass.

26. I do not believe the Probate Court of Norfolk County always allows this type of stealing from a Probate Account that is allowed by Attorney James A. McLaughlin regarding the Estate of June Elbery. I believe that the Elbery Family has been categorized as second-rate citizens and white people who have no political connections and are high- side for exploitation by the Courts.

27. Attorney James A. McLaughlin must be put in Jail for his fraud and stealing from the heirs and the Estate of June Elbery.

The Estate Tax by McLaughlin

28. The First Court Appointed Personal Representative of the Estate of June Elbery, Steve Hanna, told me that he had prepared a Mass. Estate Tax Return in order to calculate the Estimated Payment that he made for the Estate in December of 2015 in the amount of $65,000.00.

29. Hanna told me that he had used a "Jewish C.P.A." to prepare that same Estate Tax Return as in the above affidavit #28. In fact, Hanna had called me by phone and asked me, first, if I had any problem with him using a "Jewish C.P.A.". I never found any signature or any evidence of anybody but Hanna preparing that same Estate Tax Return. Evidently, Hanna was trying to cause his usual trouble and find something to complain about. When I told Hanna that the Events of 9-11-01 were the work of Israel’s Mossad he listened intently for over an hour about the evidence I had and had reported on my Web Site www.MassInjustic.Org regarding the events of 9-11-01. Hanna was extremely interested and kept replying, "I didn’t know that."

30. I had asked, Steve Hanna, for the Estate Tax Return that he told me he prepared in about December of 2015. Hanna would never release that same Estate Tax return or any of the supporting Schedules to me during the entirety of his appointment as Personal Representative.

31. When Attorney James A. McLaughlin was needlessly appointed by the Norfolk County Probate Court as the second Personal Representative of June Elbery’s Estate, on about June 1, 2017, I asked him for the Estate Tax Return that Hanna produced. McLaughlin emailed me an attachment containing a copy of the Mass. Estate Tax Return that Hanna prepared so to calculate an the Estimate Tax Payment he made in the amount of $65,000.00. See Exhibit U.

32. I immediately reviewed that same Estate Tax Return, Exhibit U, as in the above affidavit, which Hanna prepared and was forwarded to me by McLaughlin. I found that Hanna had miscalculated the Estate Assets on one of the Supporting Schedules of the Mass. Estate Tax Return in the amount of $195,000.00.

33. I immediately told McLaughlin that the Estate Tax return prepared by Hanna was incorrect causing the Estate of June Elbery to be way overtaxed because the first thing McLaughlin did was pay in an additional $10,000.00 Estimated Payment, immediately, upon his appointment by the Probate Court as Personal Representative of the Estate of June Elbery. See Exhibit X and Exhibit W.

34. McLaughlin fought with me over the phone about Hanna’s overstatement of the Estate Assets and McLaughlin said it did not make any difference because it was only a "Draft".

35. I told McLaughlin that both, he and Hanna, were using Hanna’s overstatement of Estate Assets to calculate the two estimated payments that amounted to $75,000.00; Hanna made a Mass. Estimated Tax Payment in the amount of $65,000.00 and McLaughlin made another Mass. Estate Estimated Tax Payment for $10,000.00. See Exhibit Z.

36. Finally, McLaughlin capitulated and agreed with me to make the correction to Hanna’s overstatement of Estate Assets that I pointed out to him. McLaughlin agreed with me, finally, that the Mass. Estate Tax was way overpaid. McLaughlin submitted a 2 page Final Mass. Estate Tax Return supported by the same supporting schedules that Hanna already prepared. See Exhibit U and Exhibit Y.

37. However, McLaughlin would never produce the Final Tax Return to me or the other heirs of June Elbery because he wanted to hide the approximated $12,000.00 Refund that was due. In February of 2017 McLaughlin applauded himself announcing, via email, see Exhibit O, to all the heirs that the Mass. Estate Tax Return was accepted by the Mass. D.O.R. However, McLaughlin concealed the fact that he had, in November of 2016, already received a Tax Refund in the amount of $11,988.00, see Exhibit 1.

38. It wasn’t until I embarrassed McLaughlin by mapping out his whole scam, see Exhibit 2, to steal the Mass. Estate Refund Check for 11,988.00 that he finally capitulated and admitted in May of 2017 he had the Refund Check, see Exhibit 1. McLaughlin then denied that he was concealing the Refund check in the amount of $11,988.00. McLaughlin also denied he intended to steal that Tax Refund money like he stole the insurance money for Estate House. At this late date of May of 2017 McLaughlin was tricked by Michael Elbery into also releasing the Final Tax Return, Exhibit Y, and a copy the Tax Release the Mass. D.O.R. issued when they approved the final Tax Return in October of 2017.

39. Notwithstanding the above Affidavits 28-38, I told Attorney James A. McLaughlin not to prepare the Final Mass Estate Tax Return for three reasons. One, myself and heir, Kathleen Elbery are both C.P.A.’s and are more competent than goofy McLaughlin to complete the Final Estate Tax Return; two, the Estate House had not been sold and any Final Mass. Estate Tax Return would only be another estimate that would have to be corrected by the heirs later; and third, I told him not to do the Final Mass. Estate Tax Return because myself, and the other heirs, did not want to pay him; it was none of his business and involved the Estate House which was not part of his legal Jurisdiction.

The LCP-2 Fraud by McLaughlin on the Mass. Land Court &Registry of Deeds

40. In May of 2017, Attorney James A. McLaughlin unilaterally decided that he would take over the transfer of the Deed of the Estate House putting it in the names of the 5 heirs which required that he file LCP-2 Petition Forms with the Mass. Land Court so he could needlessly charge another fee to the Probated Estate of June Elbery. None of the heirs of the Estate of June Elbery asked McLaughlin to again meddle and interfere with the Estate House, which is Real Estate and none of his business or legal Jurisdiction.

41. McLaughlin threatened me that if I did not sign the LCP-2 Form and send it to him so he could make more needless and exploitive legal fees that I would be charged for the extra work he would have to take with the Land Court including the filing of legal papers to get the Land Court to issue Citations and hold a hearing. I refused to deal with, or hire, McLaughlin due to his documented Fraud he had got caught committing while acting as Court Appointed Personal Representative of the Estate of June Elbery.

42. I told McLaughlin that I represented myself regarding the Estate House at 168 Fairfield St., Needam, Mass., as is my right under the United States Constitution’s 6th Amendment. I further ordered McLaughlin that the Real Estate left by June Elbery was outside his Jurisdiction as Court Appointed Personal Representative. Further, I told McLaughlin that he cannot, as a matter of law, represent me because he is biased against me and not independent. I told McLaughlin that he is nothing but a parasite crook and has done nothing but lie and steal regarding his needless appointment as Personal Representative by the Norfolk County Probate Court.

43. Further, I informed McLaughlin that I was biased against him and hated the thought of his existence, making it a legal impossibility for McLaughlin to represent me at the Land Court by filing my LCP-2 Form.

44. McLaughlin battled with me over a period of months by threatening me with costs of the Mass. Land Court but I had the legal right to refuse his demands that he represent me and I never signed or turned over the LCP-2 Form to McLaughlin.

45. I Petitioned the Mass. Land Court for the case File on the Estate House at 168 Fairfield St., Needham, Mass. and found, per Exhibit 6, that McLaughlin Ordered the Mass. Land Court to transfer the Deed (Certificate of Title) of the Estate House at 168 Fairfield St., Needham, Mass. in the names of the heirs of June Elbery without me signing the LCP-2 Form.

46. McLaughlin then had the Mass. Land Court deliberately spell my name wrong on the Land Court Order so that I cannot legally own the Estate House and cannot legally receive any proceeds from the sale of the Estate House.

 

Signed Under the Pains and Penalties of Perjury on this 4th day of October 2017.