Redacted Co. Galway
Jan. 9, 2012
Mr. Joseph M. Bowe
Sir John Rogerson's Quay
RE: The estate of your client, the late Dolores Maxwell.
Your Ref: JMB/OLM/MAX17/3
I've recently discovered some things concerning Mom's estate that need to be addressed. Before Mom died, I spoke with you about my concern that if Onan Maxwell was an Executor of Mom's estate, he would continue the plundering of Mom's assets that had been going on for a long time. You assured me in the most adamant terms that you and John would not let that happen. My brother Redacted also raised his concern about this very thing to you, noting the efforts by your co-Executor Onan Maxwell against Uncle Paddy's estate.
You have also been urged more than once and by more than one of Mom's beneficiaries to check every statement, check every document, verify everything because of your co-Executor Onan Maxwell's history of lying, forgeries, use of aliases, etc. You were provided ample documentation supporting the need for this. It was good advice, given in good faith and with good reason.
A letter was sent to you, not very long after your co-Executor Onan Maxwell had taken possession of one of the two grave plots owned by Mom. It was dated 22 July 2010. In this letter the author states that a gravestone had been erected on Mom's plot in Deansgrange Cemetery, St Mary's 67 B2. This is the plot where Mom is buried. That a gravestone had been erected there seven months before Mom's death is undeniable. When first discovered, it came as a complete surprise, although of course not to your co-Executor Onan Maxwell.
Within the Inland Revenue Affidavit the Executors submitted to the Probate office in April 2011, as part of filing for a Grant of Probate, there is a charge against the Estate for a gravestone from Harrison Burnell, the monument company across the street from Deansgrange Cemetery. Harrison Burnell has never done any work on Mom's plot. None. They are not contracted to do any work. They have never been authorised to do any work. They have not agreed to do any work. They assure me they have never submitted an invoice or any charge whatsoever to Mom, her estate, or the Executors for anything.
They are very nice and professional at Harrison Burnell. The person I am in contact with even walked over to Mom's grave for a firsthand look. Harrison Burnell confirmed again that the headstone and kerbing on Mom's grave was not erected or supplied by them, and that indeed they have never done any work on Mom's grave.
Unprompted by me, Harrison Burnell brought up the name of your client and co-Executor, Onan Maxwell. Of course this comes as no surprise to anyone. What I was informed about Onan Maxwell from Harrison Burnell is disturbing. It also makes me think it very likely Onan Maxwell has attempted to further defraud Mom's Estate with even more charges from “Harrison Burnell” since the filing of the Inland Revenue Affidavit.
This is enough information for you to confirm this and act. The “Harrison Burnell” incident goes much further in both breadth and depth than the very basic description I have provided you here, and has opened up further lines of enquiry that have revealed yet more illegal activity committed by your co-Executor Onan Maxwell.
Your co-Executor Onan Maxwell swore under oath that the affidavit to Revenue he signed was true. He obviously and provably perjured himself and not solely in relation to Harrison Burnell. (There are also glaring omissions in the Revenue Affidavit that the Executors are most certainly aware of.) A check with both the Probate Office and Revenue confirms that the Executors have not made any corrections to the original Inland Revenue Affidavit as of 06 January 2012. If these charges against Mom's estate were paid, as it seems they were (since payment has been disbursed to Mom's residual beneficiaries and unlike other entries these charges are not marked as "A/C Due") then I think it prudent to assume your co-Executor Onan Maxwell defrauded Mom's estate. If these charges were not paid, I think it prudent to assume your co-Executor Onan Maxwell attempted to defraud Mom's estate. It is consistent with his nature and his past behaviour, as you well know.
Complete and utter transparency is needed from the Executors concerning this.
The course of action to be taken by you and John seems clear: Recover any funds paid out from Mom's estate because of fraudulent or false claims (and at no expense to Mom's Estate given your knowledge of Onan Maxwell's history, and the warnings you were given about this very thing), and refer the matter of your co-Executor Onan Maxwell's fraud and/or attempted fraud of Mom's Estate to the Gardai.
I fear you will not; indeed I believe you cannot. You recently stated to the Tribunal that you act for Onan Maxwell. As you know, I sought clarity some months ago concerning Beauchamps' relationship with Onan Maxwell, and am gratified you have now finally and openly confirmed that Onan Maxwell has been and is now your client.
The conflict of interest is explicit. You and John cannot act upon these fraudulent charges to Mom's Estate without exposing your client and co-Executor Onan Maxwell to prosecution and/or other legal action. Yet failing to act is detrimental both to Mom's Estate and her nine residual beneficiaries. This is of course but one example of many where acting in your client Onan Maxwell's interest is in direct conflict with the interests of and detrimental to Mom's estate and the residual beneficiaries.
You have stated that if there is a conflict of interest, you would resign immediately. I hold you to that now. All three of the Executors need to resign. As you say, if your co-Executor Onan Maxwell is convicted of murdering Mom, that won't disqualify him from being Executor; fraud is another thing, and will disqualify him. John's attempts to blame you and lay all the responsibility at your feet I think falls short of absolving him of responsibility. He was appointed solicitor/Executor in the will. He accepted that role.
As you know I do not want to have Mom's estate hurt or decreased by as much as a farthing. That's why I made it clear to you that I was willing to completely assume the costs of the investigation into her financial and other records. That is also why I would prefer that I don't have to make application to the High Court to have the Executors removed. I am aware that you could then charge Mom's Estate for any applications, appearances, or defence, etc. you would make before the High Court. As you've stated, the more you charge Mom's estate, the happier your co-Executor and client Onan Maxwell will be.
I urge the Executors to make application themselves before the High Court to be removed, with absolutely no charge to Mom's Estate. I feel this is a reasonable request. The High Court can then appoint independent administrators to handle Mom's Estate. Independence is sorely needed.
In your affidavit to the Tribunal, you state that “The Deceased's Estate is not significant.” It is significant to me, and I assure you it was significant to both Dad and Mom. (The fact that without your client and co-Executor Onan Maxwell's involvement it would have been some €500,000 more “significant” merits a brief mention.) To see it become less “significant” under the Executors' administration is disheartening.
Joe, Beauchamps has been involved with Mom and Dad for over twenty years, and my grandfather before that; Uncle Paddy relied on you also. Mom deserves so much better from you and your colleagues at Beauchamps.
As you know, Mom was admitted to Wexford General Hospital on 26 September 2010, in very serious condition. She was taken to the CCU as staff sought to stabilise her and (unsuccessfully) explain the causes of her physical and mental state. I would like to know if your co-Executor and client Onan Maxwell has explained why he called Mom's Home Care Attendant Redacted on that date hours after Mom's admission and lied to her, informing her that he was driving to Dublin with Mom sitting in the car beside him, that they would be staying in Dublin and that Redacted's home visits were not needed. (I'm glad he made that call; it directly led to Redacted and I being informed five days later by Elder Abuse that Mom was in the hospital.) If your client Onan Maxwell has offered an explanation, please forward it to me.
I suspect you may very well continue to disparage me and tell lies about me to the Tribunal and my brothers and sisters. That's fine. For my part I'll continue to gather, provide, and rely on evidence, documentation, facts and the truth. I will do so openly in full daylight with a clear conscience and my head up. As always, my sole motivation is justice for Mom, accountability of Onan Maxwell for the horrible crimes he committed against Mom and others, and to protect others from Onan Maxwell as far as I am able.
On another note, do you really expect me to believe Mom instructed you to do a Google search for Nathaniel's address? Joe, please.