Estate of Antoinette Hartsell, Deceased, Donald C. Renbarger, Personal Representative - Page 14

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          current market prices, much less sacrificial prices or, for                 
          instance, received an offer at a sacrifice price.                           
               Additionally, Mr. Renbarger’s braggadocio at reaping large             
          profits from sales after the payment due date further undermines            
          his argument that he could sell only at sacrifice prices.  Mr.              
          Renbarger claimed the plan was succeeding because “it brought in            
          at least 40 percent more value to the estate” when the properties           
          sold after the due date at his original asking prices.  When                
          asked whether he received fair values, Mr. Renbarger testified              
          that he got “way more than the appraisal” on the properties.  The           
          record therefore demonstrates that Mr. Renbarger’s dominant                 
          motivation was to reap a profit rather than pay by the payment              
          due date.                                                                   
               The estate’s failure to list properties with a realty                  
          company before the due date also exhibits a lack of ordinary                
          business care and prudence.  Mr. Renbarger’s explanation was                
          merely that he wanted to save the 6- to 8-percent commission.               
          Avoiding fees cannot constitute reasonable cause for paying late,           
          however, particularly where the estate had virtually no success             
          of its own in selling property.  A more prudent course would have           
          been to hire a realty company when it became apparent the five              
          properties advertised for sale would not sell by the payment due            
          date.                                                                       








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