Commonwealth of Massachusetts
Estate of June Elbery
Norfolk County Probate Court
Docket # NO15P1491
HEIR TO THE ESTATE – MICHAEL ELBERY’S
TO PERSONAL REPRESENTATIVE’S ACCOUNT
1. Now along comes Michael Elbery, Heir to the above docketed Estate, supporting his "Appearance and Objection" to Court Appointed Personal Representative, Attorney James A. McLaughlin’s, "First Account" with specific items in McLaughlin’s "Account" (See Exhibit A) that are falsifications and fraud and also indicating other Illegal and Illicit activity of McLaughlin during his Appointment as Personal Representative of the Estate of June Elbery, as Grounds for Objection to McLaughlin’s "First Account". Attorney James A. McLaughlin’s "First Account" (Exhibit A), covers McLaughlin "Account Activity" of the Estate of June Elbery from May 31, 2016 through June 8, 2017, which was docketed by the Norfolk County Probate Court on the above captioned case on 7-31-17, as McLaughlin’s "1st and Final Account".
Due to the massive Fraud of McLaughlin’s "First Account", Michael Elbery has demanded Document Discovery from McLaughlin, as is his right under Mass. Supplemental Probate Court Law Rule 27A and the Mass. Rule of Civil Procedure - 34. Michael Elbery filed his "Appearance and Objection" to McLaughlin’s Account on August 7, 2017 and that is the triggering date for allowance of Discovery in a Mass. Probate case, Mass. Probate Manual Vol. II, 4th Ed. 2016, Jalkut & Pastos, Ch. 15 p. 25 by Jeffrey Roberts. See Exhibit Q.
1a. McLaughlin threatened the heirs of June Elbery to Pre-Approve his "Account" by signing his "Assent Form", See Ex B and Ex C. McLaughlin threatened that he would have the Norfolk County Probate Court charge Michael Elbery with all future legal fees and expenses of the Estate because Michael Elbery refused to sign the Probate Court Assent Form for McLaughlin’s Account, see Exhibit B. There can be no costs to Michael Elbery for refusing to "Assent" to McLaughlin’s Account because it is Michael Elbery’s right to Object to McLaughlin’s Account. There is no law that allows the Probate Court to charge Michael Elbery anything for Objecting to McLaughlin’s Account.
1b. Notwithstanding the preceding, Heir to the Estate of June Elbery, Michael Elbery, Objects to Attorney James A. McLaughlin’s "First Account", as received from McLaughlin, via U.S. Mail on August 16, 2017, on the grounds, as follows:
2. On the Schedule A-item 5, McLaughlin has created a Fraudulent cash receipt based on a $2,000.00 appraisal value for a child’s train set, (See Exhibit D). The appraised value of $2,000.00 is not a cash transaction but an appraiser’s estimate "on paper" (for a $500.00 fee to the Appraiser) and results in no cash to the Estate. This is a fraudulent entry to the Estate Cash Receipts and must be eliminated. This is not a cash item but fraud causing there to be $2,000.00 less in cash in the Probated Estate of June Elbery.
2a. On McLaughlin's Account - Schedule B-item #8, McLaughlin makes a $2,000.00 Fraudulent Cash Disbursement and "Pay-Off" to Kathleen Elbery. McLaughlin uses the above fraudulent $2,000.00 cash receipt entry to offset and balance his "First Account" due to this $2,000.00 illegal cash disbursement to Kathleen Elbery. McLaughlin, simply, in support of this fraud labels this $2,000.00 disbursement to Kathleen Elbery as "(train)". This was in actuality a bribe or pay-off to Kathleen Elbery, who is also a licensed attorney of the Mass. Bar, so that Kathleen will be silent about the illegalities that McLaughlin has thus far engaged in while being appointed as Personal Representative to the Estate of June Elbery. Kathleen Elbery must replenish the Estate Cash with $2,000.00.
3. On Schedule B-item #9,10,11 – Tax Apportionment is Defeated by McLaughlin. McLaughlin fraudulently issued a cash disbursement from the Probated Estate cash to Joyce Elbery, David Elbery, and Kathleen Elbery, in the amount of $4009.58, each; McLaughlin falsely claims with an *, at the bottom of Schedule B, that these 3 payments represent the " *Pro Rata Contribution to Estate Tax". Quite to the Contrary, those 3 disbursements in the amount of $4009.58 had the effect of canceling the "Pro Rata Estate Tax Apportionment" that is due to Robert Elbery and Michael Elbery caused by the amount they shared in the payment of the Massachusetts Estate Tax for Joyce, David, and Kathleen’s Mass. Estate tax burden resulting from their "Designated Bank and Insurance Accounts" which Michael Elbery and Robert Elbery did not benefit in or share in. See McLaughlin’s Mass. Estate Tax Apportionment Calculation, Exhibit E, which recognizes the need for the tax Apportionment.
3a. The three Schedule B payments of $4009.58 must be reversed/reimbursed to the Estate by David, Joyce, and Kathleen and that amount totaling $12,028.74 should be divided equally between Robert Elbery and Michael Elbery in the amount of payments of $6, 014. 37 each.
3b. On Schedule A-item #8, McLaughlin Provides a Falsified Receivable for $12,028.74. This fraudulent entry by McLaughlin in the amount of $12, 028.74 is used to balance his "Account" in order to make the 3 illegal and Fraudulent payments to David, Joyce, and Kathy in the amounts of $4009.58. This is not a cash item but fraud causing there to be $12,028.74 less in cash in the Probated Estate of June Elbery.
4. On McLaughlin's Account - Schedule B-items#4,12, McLaughlin takes Excessive Fee of $10,698.75. Attorney James A. McLaughlin took an excessive fee, via two Estate disbursements, in the amounts of $3, 592.50 and $7,106.25 totaling $10,698. 75. McLaughlin confirmed in writing, via his introduction letter to the heirs dated June 22, 2016, See Exhibit F, when he was appointed by the Norfolk County Probate Court, as second Personal Representative of the Estate of June Elbery, that he had only one item of probate work to do and that was to liquidate the child’s "train set". Noteworthy, McLaughlin never sold the child train set as he claimed was required, although Michael Elbery submitted 3 bids for $1.00, in writing, to McLaughlin in order to expedite the Liquidation and Closing of the Estate. That $1.00 bid was the highest bid and first made on September 1, 2016, See Exhibits G. The high bid of $1 made by Michael Elbery and sent to McLaughlin on 9-1-16, after McLaughlin invited all the heirs to bid on the trains, was the only Estate business required of McLaughlin to complete, as McLaughlin Confirms via his introductory letter of June 22, 2016, See Exhibit F. See also Affidavits #1- #3.
4a. McLaughlin’s $10,698.00 Excessive Fee for doing $1 worth of Probated Estate Work The First Personal Representative of the Estate, Steve Hanna, completed 99.99% of the liquidation of the Probated Estate in one month, (See Exhibit H), and took a fee of $7,000.00 to liquidate 99.99% of the Probated Estate. Per Exhibit H, Hanna liquidated $591,870.89 of the Probated Estate vs. McLaughlin’s $1.00 worth of the Probated Estate. That’s right, at the date of Attorney James A. McLaughlin’s Court Appointment as Personal Representative of the Estate of June Elbery the only personal property left to distribute from the Probated Estate was the remnants of the toy trains; the highest bid received by McLaughlin for the toy trains was $1.00 from Michael Elbery, see Exhibit F & Exhibit G. By any standard used to value McLaughlin’s alleged services to the Probated Estate of June Elbery, the $10,698.75 fee taken by McLaughlin is not just excess, but Embezzlement.
Note: Hanna took $14k from the Probated Estate Funds; $7,000.00 of the $14,000.00 was for Hanna’s feeble and fraudulent attempt to sell the Estate House at 168 Fairfield St., Needham, Mass., Hanna illegally took that $7,000.00 in hourly wages he charged the heirs for his fraudulent attempt at selling the Estate House at 168 Fairfield St., Needham, Mass.. See Exhibit H – Schedule B for Hanna’s $14,360.59 pay.
McLaughlin never sold the toy train set; the junk "train set" was a poor Excuse to keep the Probated Estate of June Elbery Open, so McLaughlin could embezzle fees, and did not Fool Anyone. See Affidavits #1-4.
4b. McLaughlin Stole the Home Insurance Money. As Personal Representative of the Probated Estate, McLaughlin was prohibited from any involvement or Jurisdiction over the Estate House at 168 Fairfield St., Needham, Mass. Per Exhibit I and Exhibit J, McLaughlin illegally extorted the heirs of the Estate of June Elbery to agree to payment for a Home Insurance Policy on the Estate House or be subject to a "Petition for Partition". McLaughlin never paid the Insurance Agency or Insurance Company, but instead, stole the money, in the form of more fees, which should have gone to the House Insurance. See Affidavits #5 - 11 of Michael Elbery, attached. McLaughlin had no right being involved with the Real Estate Insurance; it was legally none of his business. This is more Documented Embezzlement from the Probated Estate of June Elbery, when McLaughlin stole the home insurance money.
4c. More Excessive McLaughlin Fees from Estate Cash than Heirs Payment. McLaughlin at June 8 of 2017, date of his "First Account", has taken more in fees, $10,698.75, from the $60,735.30 that the first Personal Representative, Hanna, left undistributed in the Probated Estate of June Elbery, than 3 of the heirs will receive, when someday hopefully, the cash in the Estate of June Elbery is fully distributed. Joyce, David, and Kathleen should receive approximately $7,800.00, each, for their Pro Rata Share of the $60,735.30 in the Estate Cash carried over from Personal Representative, Hanna’s, Account at 5-31-16, see Exhibit R for distributions to heirs. Robert and Michael are both due a payment of approximately the same $7,800.00 plus an additional payment of $6,028. 00 because of the Apportionment of the Mass. Estate Tax Robert and Michael paid on the $282,283.00 worth of "Designated Accounts" which Robert and Michael Elbery did not share in but incurred the Mass. Estate Tax Burden, See Exhibit E for the Tax Apportionment. Of course, these payment numbers will change when McLaughlin is required to return his Excessive Fees (Embezzlement) from the Probated Estate Cash of the Estate of June Elbery. See Exhibit R for Calculation of the Final Distribution of the Probated Estate Cash to the 5 heirs to close the Estate.
4d. No Legally Mandated Bond or Surety Provided by Attorney James A. McLaughlin. McLaughlin was Appointed by the Norfolk County Court, on May 31, 2016, as the second Personal Representative of the Estate of June Elbery, needlessly, because the first Personal Representative of the Estate, Steve Hanna, could have easily liquidated the "trains" which McLaughlin Admits, via his June 22, 2016 letter, Exhibit F, was the only Probated Estate Asset (personal property of the Estate of June Elbery) left to Liquidate. Hanna already had the toy trains Appraised, See Exhibit D. A Court Appointed Personal Representative in Massachusetts is required by Massachusetts Probated law to post Bond, and "a Personal Representative does not qualify to act as such until he or she has filed and had approved the appropriate form of bond." Mass. G.L. c. 190B, s 3-601. Attorney James A. McLaughlin did not qualify for an exemption from also posting a surety, Mass. Probate Manual 4th Ed. 2016, Vol. I, Jalkut & Patsos, Ch. 4 p. 20. McLaughlin, as Personal Representative of the Estate of June Elbery, did not post the legally mandated Bond until November 16, 2016 as per docket of the above docketed case, see Exhibit K. McLaughlin still has not posted the legally mandated Surety per the Docket Entries, See Exhibit K. Because McLaughlin did not post the legally mandated Bond required during his first 6 months as Personal Representative of the Estate of June Elbery, McLaughlin was an Outlaw for the first 6 months that he acted as Personal Representative of the Estate of June Elbery and should receive no fees from the Probated Estate Cash of the Estate of June Elbery.
4e. McLaughlin Unilaterally took Fees from Estate Cash for illegal Real Estate Activity. Attorney James A. McLaughlin Illegally Embezzled more Probated Estate Cash for his illegal activities and participation in the Estate House owned by the 5 Heirs at 168 Fairfield St., Needham, Mass.. McLaughlin was told by the heirs, in particular Michael Elbery, he was not to be involved with the Real Estate at 168 Fairfield St., Needham, Mass. and further, McLaughlin was never hired or engaged to represent any of the heirs in any capacity, whatsoever. Massachusetts Probate Law Prohibited Attorney James A. McLaughlin from any activities surrounding the Real Estate at 168 Fairfield St., Needham, Mass. which became owned and titled to the heirs of June Elbery by "Operation of Law" upon her death on March 26, 2015. McLaughlin had NO JURISDICTION or AUTHORITY over that same Real Estate as per Mass. Probate Law. All of McLaughlin’s $10,698.75 in Fees (Embezzlement) taken from the Probated Estate Cash resulted from his illegal participation in the Estate Real Estate, including participation in the various Fraudulent Sales Attempts of that Estate House at 168 Fairfield St., Needham, Mass., which participation by McLaughlin was unsolicited by the heirs. That house was never part of the Probated Estate, which is the only part of the Estate the Probate Court, and Court Appointed Personal Representative, James A. McLaughlin, has Legal Jurisdiction over. See Affidavits #12 –14. McLaughlin took fees for all his participation in the Estate Real Estate, which is prohibited, by Mass. Law and his participation was unwanted by the heirs of June Elbery.
4e(i). Attorney James A. McLaughlin manages the Fraudulent Hughes’ Estate House Sale. However, Mass. Probate Law did not stop Attorney James A. McLaughlin from taking fees for his illegal activities surrounding the Estate Real Estate at 168 Fairfield St., Needham, Mass.. McLaughlin took control of "Hughes House Offer" and appointed himself Escrow Agent, See Exhibit L. McLaughlin documents, per Exhibit M, that he was functioning as the "Manager of the Sale of the Real Estate at 168 Fairfield St., Needham, Mass.." See Exhibit L, Exhibit M, Exhibit N. Also See Affidavits #15-19.
4e(ii). Attorney James A. McLaughlin admits in writing that he is illegally taking fees from the Probated Estate of June Elbery for his unauthorized participation in the sale of the Estate House at 168 Fairfield St., Needham, Mass.. Attorney James A. McLaughlin made it quit clear, from the very beginning of his Court Appointment as Personal Representative of the Estate of June Elbery, as he documented, that he "is assisting (Unauthorized and Illegally) with the sale of the property" (Estate Real Estate at 168 Fairfield St., Needham, Mass.), See Exhibit N. See Affidavits #12 – 23.
4e(iii). McLaughlin Stopped the April 2016 sale of the Estate House at 168 Fairfield St., Needham, Mass. when he "stuck his foot in the door at the last second" and demanded the heirs to sign an "Assent" Form, see (Exhibit S-"Assent for License to Sell Real Estate"), that would have allowed McLaughlin a "License to Sell Our Real Estate". The heirs declined to sign McLaughlin’s Assent; the house sale, which at that point was sealed with a signed "Offer and Acceptance," and $30,000.00 Deposit and the Purchase and Sale Document was Agreed to, Ended, because the buyers’ and seller’s Attorneys were taking orders from McLaughlin. McLaughlin instructed the Attorneys that the $750K check proceeds from our house sale would be signed to Attorney James A. McLaughlin and McLaughlin would take the $750K check from the sale proceeds of the house. Our attorney, Charles W. Long, demanded, and tried to trick the 5 heirs of June Elbery into signing McLaughlin’s "Assent to Sell Our Real Estate", See Exhibit T. The listing realtor also ceased any further marketing efforts and took our Estate House at 168 Fairfield St., Needham, Mass. off the market. However, McLaughlin took a fee from the Probated Estate Cash to pay for his Unwanted, by the heirs, exploitive attempt to get a "License to Sell Real Estate" so he could grab $750,000.00 for the house sale. See Affidavits #20 - 23.
Typical conduct of the Court Appointed Personal Representatives of the Estate of June Elbery; McLaughlin killed the house sale by illegally sticking his nose in the house sale while trying, unsuccessfully, to grab the $750K check, and then took a big fee for his illegalities!
5. McLaughlin Violates Promises to Close the Account in September 2016. McLaughlin Promised, in writing, several times that he would Distribute the Probated Estate Cash to the heirs and Close the Estate. McLaughlin promised that "After the trains are Sold, I will prepare a Final Probate of Account and make Distribution of the Estate Cash", See Exhibit O. The Trains should have been sold on September 1, 2016 when heir, Michael Elbery, sent his high bid of $1.00 for the trains, Exhibit G.
Now per McLaughlin’s "First Account", see Exhibit A, he documents he intends to keep the account open so to grab more needless and exploitive fees as Personal Representative. If McLaughlin intended to close the Estate of June Elbery he would have submitted, at a minimum, a "First and Final Account" instead of filing a "First Account". Per McLaughlin’s "First Account" he makes no indication or attempt to distribute the remaining Cash in the Probated Estate; that is because McLaughlin’s objective as Personal Representative is to steal all the cash that was carried over to him from the first Personal Representative, Steve Hanna.
5a. McLaughlin also promised that the "Estate Funds will be Distributed when the Final Mass. Estate Tax Return was filed", See Exhibit P. The Estate Tax Return was filed on September 15, 2016, per copy of the Final Mass. Estate Tax Return, see Exhibit Y. Instead of closing the Estate and Distributing the Estate Cash, McLaughlin lied, and needlessly kept the Estate Open, so he could Embezzle more Estate money. McLaughlin should be required to return all fees taken after that date, which is the entire $10K in Fees he has embezzled, so far.
5b. McLaughlin keeps the Estate of June Elbery open so to have fraudulent excuse to Embezzle more fraudulent Fees. There was never any need for Attorney James A. McLaughlin via his Appointment by the Norfolk County Probate Court as second Personal Representative of the Estate of June Elbery, expect to create a means for Attorney James A. McLaughlin to steal our money. That was the plan and still is the plan of the appointment by the Norfolk County Probate Court of Attorney James A. McLaughlin to be the Personal Representative of the Estate of June Elbery, so McLaughlin can steal.
6. Attorney James A. McLaughlin Owed Nothing from the Estate of June Elbery. Attorney James A. McLaughlin is due, at most, a fee as Personal Representative of the Estate of June Elbery required by an average Personal Representative to do the work for the Estate that Attorney James A. McLaughlin Admits through his own letter of June 22, 2017, Exhibit F, was required to be done. That work was the liquidation of the "toy trains" that the first Personal Representative Steve Hanna already had Appraised, See Exhibit D. However, McLaughlin ignored the high bid offer of $1.00 by Michael Elbery on September 1, 2016 in order to prolong his Appointment as needless Personal Representative of the Estate of June Elbery, so that McLaughlin could take more fraudulent Fees which is nothing but Embezzlement. McLaughlin never did anything for the Estate of June Elbery because he never sold the toy trains. McLaughlin must return the $10,698.75 he Embezzled from the Estate of June Elbery that he fraudulently claims are his fees for doing Nothing. See Affidavits #24 – 27.
More Idiosyncrasies of McLaughlin’s Account
7. On Schedule A and B - No Dates or Check Numbers, only 2 receipts are dated and only one Disbursement is dated. All the Disbursements and Receipts should be dated and the Santander #5869 Estate Checking Account Statements submitted to Michael Elbery so there can be an audit of McLaughlin’s Account Activity. See Exhibit Q – Discovery Demand for Estate Documents was served on McLaughlin on 8-17-17.
8. On Schedule B of McLaughlin's Account - Bank Check Fee, McLaughlin records a $275.00 disbursement for a bank check fee! There is nothing in the other 11 Estate Disbursements that would possibly command such exorbitant fee; this looks like a fraudulent label or more illegalities by McLaughlin. McLaughlin must provide more detail, proving where this $275.00 was spent or put the money back in Cash Receipts.
9. Schedule C of McLaughlin’s Account documents Santander Bank has a Fraudulent Plug Balance of $52,904.64, see Exhibit A-Schedule C. The heirs to the Estate of June Elbery should be Provided with the Bank Statements for that Santander Estate checking account #5869 and the Santander Bank Money Market Account #7176 due to the documented Fraud engaged in by Attorney James A. McLaughlin regarding the Estate of June Elbery. See Exhibit Q – Discovery was served on McLaughlin on 8-17-17 for the bank statements and cancelled checks of those Santander accounts, as is the right of Michael Elbery to that document discovery under Mass. Probate Court Law.
If it wasn’t the Real Estate then what did McLaughlin take $10, 698.75 in fees for?
10. Attorney James A. McLaughlin will claim that he prepared and filed the Estate Tax Return for the Estate of June Elbery. The undisputed Fact is that the first Court Appointed Personal Representative, Steve Hanna, prepared the Mass. Estate Tax Return in December of 2015, (see Exhibit U- Estate Tax Return Hanna prepared) so to be able to file the Estimated Tax Payment for the Estate of June Elbery, long before there was even a rumor of McLaughlin. Steve Hanna deliberately miscalculated the Mass. Estate Tax Return by overstating the Estate Assets by $195,000.00, thus making Hanna’s payment of $65,000.00 in Estimated Taxes, See Exhibit V, for the Estate of June Elbery appear to be underpaid and paving the way for Attorney James A. McLaughlin’s fraud and Embezzlement scheme to embezzle the tax refund of approximately $12,000.00. The next step in McLaughlin’s scheme to embezzle the Estate Tax Refund was to immediately, upon his Appointment as the Personal Representative of the Estate of June Elbery, write an Estate Check in the amount of $10,000.00, see Exhibit W, because McLaughlin claimed there was an underpayment of the Mass. Estate Taxes by the Estate of June Elbery. See Affidavits #28- 39.
a. In about July of 2017, after Hanna refused for 8 months to forward any of the 5 heirs of June Elbery, including me, Michael Elbery, the Mass. Estate Tax Return. However, McLaughlin obliged me and forwarded the Mass. Estate Tax Return prepared by Steve Hanna, see Exhibit U. McLaughlin stamped his file numbers all over that document but it was the product of Steve Hanna. See Affidavit #30.
b. McLaughlin’s scam to embezzle approximately $12,000.00 of needless and deliberate overpayment of Estimated Tax Payments to the Mass. DOR immediately began to unravel when Michael Elbery, upon his review of the Estate Tax Return, see Exhibit U, alerted McLaughlin that Hanna had overstated the Estate Assets by $195,000.00 causing the Estate to be over taxed by $12,000.00, See Exhibit X. After argument, McLaughlin finally capitulated and agreed with me, Michael Elbery, about Hanna’s incorrect calculation of the Mass. Estate Taxes. See Affidavits #28- 39.
c. McLaughlin prepared, only, the two page - Final Mass. Estate Tax return, see Exhibit Y, while correcting Hanna’s overstatement error of the Estate Assets in the amount of $195,000.00 Hanna made on Estate Tax Return he prepared; The Final Mass. Estate Tax Return reflected the $75,000.00 in Mass. Estate Taxes paid in Estimated payments, (see Exhibit Y-pg. 2, lines 5.6) that resulted from Hanna’s original $65,000.00 Estimated payment and McLaughlin’s needless estimated payment of $10,000.00 which made the Estate of June Elbery overpaid by approximately $12,000.00, see also Exhibit Z. See Affidavits #28 – 39.
d. McLaughlin filed the Final Mass. Estate Tax Return on September 15, 2016, see Exhibit Y, and received the $11,988.00 Tax Refund, see Exhibit 1, on November 9, 2016 and tried to keep it all secret from the heirs of June Elbery. See McLaughlin’s February 15, 2017 email, Exhibit O, where he pats himself on the back regarding finalizing the Mass. Estate Taxes but fails to tell the heirs of the Estate of June Elbery there was an $11,988.00 Tax Refund that he received. See Michael Elbery’s email of 2-15-17 that forced McLaughlin to admit the Refund, see Exhibit 2. See Affidavits #28-39.
e. Notwithstanding the above, Michael Elbery in July of 2016 ordered Attorney James A. McLaughlin not to prepare the Final Tax Return, see Exhibit 3, because the Estate House had not been sold and Michael Elbery and Kathleen Elbery, both C.P.A.’s, are more competent than either Steve Hanna, or McLaughlin, or the C.P.A. that Hanna claimed prepared the Mass. Estate Tax Return. McLaughlin ignored those orders by Michael Elbery and submitted the Final Mass Estate Tax Return that consisted of two new pages, see Exhibit Y, in addition to the Supporting Federal and Mass. tax schedules already prepared by Steve Hanna, see Exhibit U – Hanna Tax Return. See Affidavit #39.
McLaughlin Falsifies Land Court Petition Defrauding Michael Elbery
11. Attorney James A. McLaughlin committed more documented Fraud when he Petitioned the Mass. Land Court with LCP-2 Forms signed by four of the five heirs. The LCP-2 is a Petition to the Land Court used to transfer the Deed (Certificate of Title) of the Estate House from June Elbery to her five heirs.
11a. McLaughlin threatened Michael Elbery that if he did not sign the LCP-2 Petition and send it to McLaughlin that McLaughlin would have the Norfolk County Probate Court charge all McLaughlin’s legal fees and all Estate Administrative Expenses to Michael Elbery and none to the other heirs, including a Citation and a hearing required if one of the heirs refused to sign the LCP-2 Form. McLaughlin threatened that he, McLaughlin, would have the Norfolk County Probate Court charge Michael Elbery for all Administrative Fees he, McLaughlin, will Fraudulently claim occurred after his "First Account" closed on June 8, 2017, see Exhibit B. Also see Affidavits #40-46.
11b. Michael Elbery ordered McLaughlin to go away and stop racking up needless expenses to the Estate of June Elbery because he, Michael Elbery, would file the LCP-2 Petition himself. Michael Elbery told McLaughlin that he represented himself, as is his right under the U.S. Constitution’s 6th Amendment of the Bill of Rights, and that McLaughlin could never represent him, Michael Elbery, in any capacity because McLaughlin is not independent but biased against Michael Elbery, see Exhibit 4. Michael Elbery reminded McLaughlin of his email that instructed the heirs that they could file the LCP-2 Petition with the Mass. Land Court themselves, see Exhibit 5. See Affidavits #40-46.
11c. Attorney James A. McLaughlin ignored the orders of Michael Elbery. According to the clerk at the Mass. Land Court, per phone, Attorney James A. McLaughlin "Signed" Michael Elbery’s signature on an LCP-2 Form for him". The Land Court approved the LCP-2 Petition although Michael Elbery never signed it. There was no Citation issued or hearing or any extra expense caused by Michael Elbery refusing to sign the LCP-2 Petition and forwarding it to McLaughlin. Nor can Michael Elbery be penalized or assessed any additional fees due to McLaughlin’s uninvited unilateral take over of the LCP-2 Petition with the Land Court. Per Exhibit 6, McLaughlin violated the law and ordered the Massachusetts Land Court to change the ownership names to the Deed (Certificate of Title) of the Estate House at 168 Fairfield St., Needham, Mass. to the names of the 5 heirs without one heir, Michael Elbery, ever signing a legally required LCP-2 Petition. No legally required Citation was issued or was a legally required hearing held because Michael Elbery did not sign the LCP-2 Form. Compounding McLaughlin’s illegality, McLaughlin deliberately misspelled Michael Elbery’s name, so that Michael Elbery does not legally own the Estate House and can not receive any payment resulting from the sale of that Estate House. See Affidavits #40-46. At this late date of October 3, 2017 there is no "Certificate of Title" in the names of the five heirs of June Elbery for the Estate House at 168 Fairfield St., Needham, Mass. at the Norfolk County Registry of Deeds because of McLaughlin’s misspelling of Michael Elbery’s name, but rather there exists an "Order for New Certificate," see the Norfolk Registry of Deeds Website and do a title search.
See all the Illegalities of Attorney James A. McLaughlin during his Court Appointment as the second and needless Personal Representative of the Estate of June Elbery, and Steve Hanna’s too, www.massinjustice.org, you won’t be disappointed.
Michael Elbery, Heir to the Estate of June Elbery
October 4, 2017
I, Michael Elbery, swear under the pains and Penalties of Perjury that the above Objections are true and correct to my best knowledge and belief.
See it all on www.massinjustice.org