I take this opportunity to review the Estate of June Elbery, at 6 16 17, that is now, needlessly, Open for over two years.
The Salient Activity is as follows:
Michael Elbery files an Objection to Attorney James A. McLaughlin's Account and discovers that McLaughlin has further defrauded the heirs of June Elbery because he never filed the Account or Inventory with the Probate Court nor did McLaughlin ever produce to any heirs the required "Petition for Allowance of Account" (he never filed the Petition either).
Michael Elbery also discovered per review of the Account that he sent Michael Elbery that McLaughlin had bribed Kathleen Elbery in the amount of $2K and illegally paid Joyce, David and Kathleen $4,009.00 illegally, which was the value of the Tax Apportionment due Michael and Robert because they had to pay Estate tax on the 2 Designated Accounts.
Michael Elbery foils the Condon/Hughes Real Estate Deal - Alerting all heirs that there no binding Offer because there is no writing. Where were the attorneys? They were willing participants in the Deal to Defraud the Elberries.
Michael Elbery reviews and finds that Steve Hanna's Mass. Estate Tax Return had a material "double count" of Assets causing a material tax error.
Michael Elbery corners Attorney James A. McLaughlin to produce the Mass. DOR's Tax Lien Release on the House at 168 Fairfield St., Needham, Mass.
Michael Elbery corners Attorney James A. McLaughlin to admit and produce documentation of the $12K Mass. DOR Estate Tax Refund, thus foiling McLaughlin planned fraud to pocket that Refund.
Michael Elbery corners McLaughlin forcing him to produce to all heirs the Mass. Estate Tax Returns. I have not determined that the Final Return is complete.
Michael Elbery defeated both Crows' in their illegal Appointment of David Elbery as PR. I got that illegal appointment reversed after Joyce Elbery called me on June 10, 2015 and told me that David Elbery had been appointed PR of the Estate over a week ago. Dave had been immediately appointed as Personal Representative and issued the Estate License without any of the 30 day Notice required by Mass. Probate Law. Dave was turned over to billy Crow for 6 months of futile (for Dave) litigation that Crowe cleaned up on for well over $25K in fees.
Michael Elbery defeated David Elbery's fraud to make profit over June Elbery's Funeral Expenses. David's demand to be "reimbursed" would have resulted in him sharing no cost of the Funeral Expenses and he would have made a profit for himself. It cost Dave because Billy Crowe screwed David Elbery for another Fee at $700/hr.
Michael Elbery defeated Billy Crowe's brain fart. Billy Crowe in about March of 2017 proposed that Michael Elbery and McLaughlin pick the real estate agent and lawyer to sell the house. Crowe was trying to create a grounds for a "Petition for Partition" so he could make a $25k fee, but Michael Elbery exposed Billy Crowe's scam (Fart). How much did that brain fart by Billy Crowe cost Dave? David Elbery doesn't understand that Crowe sees Michael Elbery as the way to make money at David Elbery's expense. Crowe's Brain Fart required him to plan and think? Crowes farts (alleged thinking) are causing David Elbery more Big and Stupid Fees. Throw your money away Fool, I use the law not Attorneys. The Attorneys have only one motive and that is their Pocket Book, and they see the Estate of June Elbery as an Easy Way to make their Easy and Fraudulent Fees.
what have I missed? The list is so long, it is an Injustice and should not happen in a Court in this here U.S.A..
Yes, Folks here are the illegalities that I have already reviewed and emailed you:
Earlier today I sent all the heirs of the Estate of June Elbery a list of
Attorney James A. McLaughlin's illegalities while being Appointed PR for that
same Estate. There are so many McLaughlin tricks and illegalities that it is a
full time job keeping track of them. No wonder, the only reason why Hanna quit
without closing the Estate was so McLaughlin would be appointed, needlessly, in
order for McLaughlin to help himself because without Court Appointments this
piece of shit Irishman could not make a living and handout money to his fat
Here are some more McLaughlin Tricks:
He admitted that he was taking cash out of the Estate to "help out with the Real
Estate" (house sale). Most of the $10K that McLaughlin claimed, via his 2-15-17
email, was now gone will be because of McLaughlin's illegal participation on the
house Sale. We told him to stay away from the Estate House, further, the law is
he has no Jurisdiction over that house, it is none of his business. The law
Prohibits McLaughlin from participation in the Real Estate. All he wants is
another way to steal the money.
The Mass. Estate tax was overpaid by Hanna by $2K when McLaughlin was needlessly
appointed. I told McLaughlin we would handle the refund that was due us and file
the Final Tax Return but he refused and illegally charged us (I bet it will be
stupid $)for the 2 page final Tax Return that can be done in a half hour. If you
look at McLaughlin's first email to us on June 22, 2016, he claimed there were
to pieces of business to finish in order to close the Estate. First, Sell the
Trains and, second, sell the House. He also admitted in the next paragraph that
he had no Jurisdiction over the House, so that leaves the trains for the
Probated Estate, which I bid a $1 for so to close the Estate. McLaughlin could
not steal enough money in that short period of time, so he ignored my high bid
of $1 for the trains and decided to charge us to illegally "help out" (steal)
with the real estate sale of the house and then he decided to help himself to
more fees by filing the Final Estate Tax Return, over my objections.
And through it all, McLaughlin made promises that he would distribute the Estate
Cash and Close the Estate as soon as the taxes were finalized. Which they were
in December of 2015 and it took McLaughlin until February of 2016 to tell us by
email, but he was hoping we would be stupid and not figure out that McLaughlin
deliberately paid another $10K in Estate Tax so he could come back later and
pocket the difference. That's why he didn't tell us or mention the $12K refund
until he got cornered by me today. Whoever is forwarding my emails to
McLaughlin, Good going because he shit himself today when he got cornered over
that Refund. Now he got caught and is admitting there is a $12K refund. Lets
make sure he doesn't steal that $12K.
He filed an MPC 455 Assent Form that has prevented me and all the heirs from
receiving notice of Estate Case docketed activity and filing; that Notice to me
as the only heir of record is a legal requirement that McLaughlin illegally
blocked with that 455 MPC. I called the Clerk's Office at the probate Court and
they refuse to send me any of those docketed filings after McLaughlin took over
McLaughlin has reason to extend his PR tenure as long as possible. You will see
that the bitch is taking a monthly management fee for his needless holding of
He advised me to accept Condon's verbal hearsay Hugh's Offer on our house. He
got scared when I told him law 101. He then sent me a Condon Offer in writing
that was expired. Just more stupid tricks by a lackluster Attorney of the Mass.
Bar, he couldn't shine my shoes in a courtroom.
I will update, as I review my documents on the Estate. We have to be ready
because it has been a year and McLaughlin's time is up.
On May 11, 2017, McLaughlin sent us an email promising the "Final Accounting" of
the Estate in 10 days. The 10 days is gone!
Here is a list of Illegalities regarding the Estate of June Elbery:
He won't send us the Final Tax Return settling the Mass. Estate tax for $63K.
He refuses to address the fact that the Estate was overpaid by $12K and that he
received a Refund for that amount.
He stole the home insurance money.
He had no business being involved with our Estate House at 168 Fairfield St.,
Needham, Mass. but because Crowe is drooling to use any excuse to file his
"Petition for Partition" the heirs were forced to capitulate to the demands of
McLaughlin and agree to the Home Insurance he was supposed to be taking care
off. The Insurance company never heard of McLaughlin and confirmed that on
12-2-16 the policy Hanna bought expired.
McLaughlin violated strict Mass. Probate Law because he never posted a Bond to
act as PR for the Estate. It is debatable that the 11-16-16 docket entry
represents a real Bond. However it is irrefutable that, for 6 months the Probate
Judge and Norfolk County Registrar's Office allowed McLaughlin to be PR without
basic compliance to Mass. Probate Law, McLaughlin was not Bonded. Where was all
that legal Representation that should have taken legal action regarding PR
McLaughlin acting as an outlaw with no Bond. That means his stealing will go
unchecked, the Bond is required so we are reimbursed when he steals.
McLaughlin snuffed a wonderful House sale a few weeks ago; One day on the market
and sold for $750K, only to have McLaughlin attempt to cut us out of our money
and grab the Buyer's check for $750K. Strangely, some of the heirs actually
refused McLaughlin and his Assent Form and refused to sign the P&S.
McLaughlin has been planning from day one of his PR of the Estate of June Elbery
to steal a Tax Refund. When he took over, needlessly, the first thing he did was
pay the Mass. DOR another $10K on the Estate Tax which was already over paid by
$2K. Now, McLaughlin refuses to produce the Final Estate Tax Return which will
further document that there was a $12K refund. But you don't need that Final
Mass. Estate Tax Return to now that $75k - $63K = $12K. 12K which McLaughlin
refuses to talk about. It should have been big good news for the heirs of June
Elbery, but McLaughlin failed to mention the overpayment/refund in his 2-15-17
email where he told us the Mass. DOR was all set at $63K and all Estate Taxes
Hey, Don't forget that on 9-1-16, I made a high bid of $1 for the trains which
were the only thing McLaughlin was using as reason to not close the Probated
Estate of June Elbery, see his 6-22-16 letter/email. The house, he also pointed
out needed to be sold, but the real Estate is none of his business because it
belongs to us and is not within the Jurisdiction of the Probate Court, Judge, or
McLaughlin. McLaughlin ignored my $1 bid for the trains and I submitted another
$1 bid this winter which he also has ignored.
And McLaughlin has taken fees, as reported via his February email of $10K, for
doing nothing for the Estate or heirs, but rather steal.