ESTATE OF McKENNEY 953 A.2d 336 (2008) CASE BRIEF

ESTATE OF McKENNEY

953 A.2d 336 (2008)

NATURE OF THE CASE: Eltayeb (D) appealed a voiding of a sale and his removal as a personal representative of the mother's estate.

FACTS: Geraldine died intestate on November 14, 1990, leaving as her only significant asset her home at 1525 E Street, S.E. McKenney, Jr. (P), was her sole heir. No probate proceedings were instituted at that time. For more than a decade, the property taxes on the home went unpaid and the amount of unpaid taxes accrued to over $100,000. Eltayeb approached McKenney at his place of employment. McKenney was a banquet steward who had no experience at all in real estate matters and who lived in a shelter on the grounds of St. Elizabeths Hospital. Eltayeb offered to purchase McKenney's interest in the property. Eltayeb offered McKenney $1,200 for his interest in the property, but he did not disclose the property's value or that there was a right of redemption. He pressed McKenney to make a decision 'right away,' asserting that the house was facing imminent demolition. Eltayeb introduced McKenney to a man accompanying Eltayeb as a nephew of a prominent local political figure. Eltayeb said that the nephew had the contract for the demolition of the property. Pressed for a decision, McKenney accepted the offer and was paid the first installment of $300. Over the next three weeks, McKenney received the three remaining $300 installment payments. On at least one occasion, he was again accompanied by the man who supposedly had the contract to demolish the property. During this period, Eltayeb picked up McKenney at work and they went to meet with Eltayeb's then attorney for 'some paperwork.' McKenney signed an 'Irrevocable Assignment of Right' assigning his property interest to Eltayeb. Eltayeb's attorney then presented McKenney with pages one, two, and four of a Petition for Probate of his mother's estate. Omitted was page three of the petition as actually filed, which listed the home's value at $150,000 and erroneously stated that McKenney had paid nearly $4,000 in funeral expenses when he had in fact paid none. McKenney signed the Petition, which was filed several days later, seeking appointment of Eltayeb as the personal representative. The purchase price of the assignment was never disclosed to the court and the trial judge never inquired. Eltayeb's attorney informed the court that he represented the estate and that they were there to 'save the house' from a pending tax sale, although he was retained by Eltayeb and served as his personal attorney. Eltayeb was appointed the estate's personal representative and conveyed the property to himself by quitclaim deed the next month, which was recorded on January 15, 2005. McKenney was approached by a third party, who informed him of the property's real value and offered to purchase the property. P filed a petition to remove D as personal representative and to rescind the assignment. He then executed an agreement to sell the property for $205,000 minus the outstanding tax debt. A hearing was held and D was shown to be a liar as he claimed that he paid P $48,375. The court removed D as personal representative, and voided both the assignment and quitclaim deed. D appealed.

ISSUE:

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LEGAL ANALYSIS:

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