Greed Backfires: Co-Executor Tries To Bill Estate For Unapproved House Flip
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Greed Backfires: Co-Executor Tries To Bill Estate For Unapproved House Flip
7 188 просмотров · 2 дн. назад
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7 188 просмотров · 2 дн. назад
A family's estate battle turns into a masterclass on fiduciary duty gone wrong. When Annette Green passed away, her daughters Elizabeth Colton and Rico Bresnow were appointed co-personal representatives. What happened next shocked the court.
Rico and her husband Michael Bresnow secretly renovated their mother's home, then demanded tens of thousands of dollars in labor fees and a 3% unlicensed real estate commission — with no agreement, no license, and no permission from her co-executor.
Watch as attorneys clash over $60,000 in disputed profit, 525.5 hours of claimed labor, and who should pay attorney's fees. The judge's Solomon-like ruling to split the baby will leave you stunned. Did they really increase the home's value, or did they just try to profit from their own mother?
1. Estate of Annette Green - The decedent's estate. Central asset is Annette Green's former home.
2. Elizabeth Colton - Co-personal representative of the estate. Daughter of decedent. Represented by Elliot Blumberg. Claims she did not agree to compensation for renovations.
3. Rico Bresnow - Co-personal representative of the estate. Daughter of decedent. Petitioner seeking compensation. Represented by Jim Pagels.
4. Michael Bresnow - Husband of Rico Bresnow. Not a party to the estate, no real estate license. Petitioner seeking compensation for 336.5 hours of labor and a 3% commission.
5. Catherine Mott - Attorney for the Estate.
0:00 A $60,000 Question: Who Earned the Profit on Mom's House?
0:22 Case Called: Two Sisters, Two Lawyers, One Estate
1:03 The Motion: They Were Never Told Their Duties
2:15 Repairs Made In Her Individual Capacity, Not as Executor
2:40 The Claim That Came Long After the House Sold
3:24 The Michigan Statute: Co-Executors Must Both Agree
4:09 I'm Astounded: A 3% Commission With No License?
4:33 Under Oath: No Agreement to Do the Work or Be Paid
5:22 Why Is the Estate's Own Attorney Staying Silent?
6:07 ANALYSIS: Family Help — A Gift of Love or a Debt?
6:20 Paying Out of Pocket: The Demand for Legal Costs
7:06 The Daughter's Lawyer Fires Back: That Is a Falsehood
7:47 The Missing Words in the Statute
8:00 A Sister With Leukemia, and One Left In Charge
8:29 The Texts and Emails About Compensation
9:07 Hundreds of Hours: What the Couple Is Claiming
9:40 Dropping the 3% Demand, or Rewording It?
10:26 ANALYSIS: Can an Illegal Fee Become an Hourly Bill?
10:55 Four Reasons the Other Side Should Pay the Lawyers
11:40 Two Appraisals, Each $60,000 Higher
12:44 The Estate's Attorney Explains Why She Won't Pick a Side
13:49 Rebuttal: She Gets the Benefit Already
14:56 The Deposition Answer That Could Sink the Claim
16:12 Two Hats: Executor and Creditor at the Same Time
16:57 ANALYSIS: Why Fails as a Matter of Law Can't Go Unanswered
17:26 It's Actually $99,000: The Counterpunch
18:46 The Last Word: A Discussion Isn't an Agreement
19:00 The Judge's Note: Agreement vs. Discussion
19:15 The Judge Sets Out the Law
20:54 The Judge's First Question: Where Did $13,000 Go?
22:11 Receipts, Causation, and an Estate Sale Buyer
24:04 Three Appraisals: Proof or Just a Claim?
25:24 $18.75 an Hour? Putting a Price on Family Labor
25:48 Exhibit 9: 525 Hours Broken Down by Category
27:40 Asking the Court for a Percentage
28:40 Our Efforts Gained the Estate $99,728
29:42 ANALYSIS: Psychological Anchoring in the Courtroom
30:15 The Judge Asks: What Marketing Did He Actually Do?
31:00 The Estate Sale That Found the Buyer
31:54 Handyman or Professional? The Judge Questions the Couple's Qualifications
33:31 The Ruling Begins: What the Judge Finds as Fact
34:44 Was There Ever Real Consent?
35:45 Can One Executor Act Alone and Get Paid?
36:46 Split the Baby Like Solomon
37:00 Who Gets Paid, and at What Rate?
38:00 The Commission Decision
38:44 Attorney's Fees: Where Will the Money Come From?
39:46 The Judge's Answer on Legal Fees
41:00 I'm Not Sure Who Prevailed
41:19 The Daughter's Lawyer Checks the Math
43:01 ANALYSIS: Run the Numbers — Was the Fight Worth It?
43:27 ANALYSIS: The Lesson Every Co-Executor Needs to Hear
1. Co-Personal Representative: Two or more persons appointed to administer an estate. Under Michigan law MCL 700.3717, concurrence of all is required for acts connected with administration.
2. Fiduciary Duty: Legal obligation of a personal representative to act in the best interest of the estate and all interested persons, not for personal profit.
3. Estate Administration: The process of managing and distributing a deceased person's assets.
4. Reasonable Compensation: Under MCL 700.3719 and 700.3713, a personal representative is entitled to reasonable pay for services, subject to court review for reasonableness under MCL 700.3721.
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This is legal commentary for educational purposes only. Not legal advice.