IN THE MATTER ESTATE OF MORRIS TAMBOR, et al. v. WILLIAM AND LEONARD ROSENBAUM

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1541-04T31541-04T3

IN THE MATTER OF THE

ESTATE OF MORRIS TAMBOR,

and

IN THE MATTER OF THE

ESTATE OF GENIA TAMBOR,

v.

WILLIAM and LEONARD

ROSENBAUM,

Appellants.

_________________________________

 

Submitted: September 12, 2005 - Decided:

Before Judges A. A. Rodr guez and Alley.

On appeal from the Superior Court of New Jersey, Chancery Division, Probate Part, Ocean County, 115297 and 115298.

Gary L. Falkin, attorney for appellants William Rosenbaum and Leonard Rosenbaum (Frances J. Panzini-Romeo, on the brief).

Steven P. Russo, Administrator CTA of the Wills of Morris Tambor and Genia Tambor, respondent filed pro se.

PER CURIAM

William Rosenbaum and Leonard Rosenbaum appeal from the October 15, 2004 Judgment Approving Final Accounting of the Estate of Morris Tambor and Genia Tambor. We affirm.

Morris Tambor and Genia Tambor were married to each other. On January 3, 1995, they each gave William Rosenbaum a General Durable Power of Attorney. Pursuant to such Power, William Rosenbaum managed the financial affairs and provided care for the Tambors. However, three years later, Sylvia Tambor, the Tambors' daughter, filed a complaint for appointment of herself as temporary special guardian and to enjoin William Rosenbaum from acting pursuant to the Power. The court granted this relief and ordered William Rosenbaum to submit an accounting of monies expended during the time he acted pursuant to the Power.

Morris Tambor died six months later on August 19, 1998. He left a Will, which named William Rosenbaum and Leonard Rosenbaum as co-executors and co-trustees. Sylvia Tambor filed a caveat against probate of her father's Will. Genia Tambor died two years later, on August 10, 2000. She left a Will, which also named William Rosenbaum and Leonard Rosenbaum as co-executors and co-trustees. Sylvia Tambor filed a caveat against probate of her mother's Will. The estates consisted primarily of two pieces of property, a residence in Jackson and a multi-family dwelling in Lakewood. Sylvia Tambor had an 82% interest in the estates, William and Leonard Rosenbaum each had a 6% interest, and Iser Tambor and Boystown of Jerusalem Foundation of America, Inc., each had a 3% interest.

The litigation involving the caveats to the Will was resolved by a settlement. William and Leonard Rosenbaum agreed to renounce the executorship, the trusteeship and all related fiduciary commissions associated therewith. The parties agreed that the Jackson property was to be appraised by each side within sixty days. The stipulation further provided that all inter vivos gifts by the Tambors, including a gift of approximately $80,000 given to William and Leonard Rosenbaum, would not be challenged. William Rosenbaum and Leonard Rosenbaum agreed to submit within ninety days a statement of costs and expenses incurred for the care of Morris and Genia Tambor during the period when the Power was in effect. The record does not contain such a statement, although there is correspondence from the Rosenbaums' former counsel forwarding a statement of expenses to the attorneys for Sylvia Tambor, the Surrogate of Ocean County and Steven P. Russo, the Administrator CTA of the Estate of Morris and Genia Tambor.

Russo filed a verified complaint with the Probate Part, Ocean County for settlement of the final accounts, and subsequently, a final account for each estate. In the accounting, the Jackson property was valued at $103,000. The Rosenbaums filed the following exception to the accounting: (a) the value of the Jackson property is significantly undervalued; (b) Russo improperly distributed the assets; (c) the Rosenbaums' claim for costs and expenses has not been abandoned; (d) there are duplicate entries for certain expenses of the estates; (e) "a donation to the Yeshiva for Minyan, and a sitter charge to Congregation of the Sons of Israel" were not paid by the Estate pursuant to the parties' settlement; and (f) Russo's commission requires reduction.

Russo responded to the exceptions. With respect to the Jackson property appraisal, he wrote:

The [Settlement] Stipulation had required each party to obtain an appraisal of this property within 60 days. This Stipulation further stated this property was not to be sold but rather transferred for the benefit of Sylvia Tambor as per the terms of decedents' Wills. I could not locate such specific bequest in the Wills. The parties apparently interpreted the intentions of Morris and Genia Tambor to be that Sylvia, who resides at 664 Hope Chapel Road, be allowed to remain in the premises.

[Sylvia Tambor's Attorney] provided an appraisal of $103,000 as of August 10, 2000, the date of death for Genia Tambor, the second to die of the Tambors. The State of New Jersey utilized a value of $226,000. I do not have that appraisal, although I acquiesced to it for inheritance tax purposes. The Rosenbaums have presented nothing by way of valuation. On January 24, 2003 [Rosenbaums' Counsel] indicated his clients believed the appraisal was low and his clients intended to decide within the "next few days" whether to obtain an appraisal "so as not to delay this matter."

It is now over 4 years since Genia's death, over 3 years since the entry of the Stipulation of Dismissal, over 18 months since the Rosenbaums agreed on January 24, 2003 to proceed without further delay, and over 10 months since Ms. Mackin first circulated the November draft of my accounting with $103,000 valuation. And now the Rosenbaums decide [to] object to valuation, without any explanation of their failure to act over this extended period of time.

He asserted that "[n]o expenses have been presented by [the Rosenbaums] at any time and none have been presented as part of this [e]xception." He also asserted that all financial expenses had been paid.

The appraisal of the Jackson property prepared by Amerival, dated November 19, 2002, set forth a value of $103,000. Although the Rosenbaums disputed the valuation of the subject property, the parties nevertheless agreed to utilize the $103,000 valuation for purposes of the inheritance tax return. The New Jersey Division of Taxation, however, rejected the $103,000 appraisal and indicated that it had obtained an appraisal reflecting a value of $226,000. The parties agreed to that amount for tax purposes only.

The judge denied the exceptions filed by the Rosenbaums and signed a judgment approving the accounting. The Rosenbaums appeal, contending that the judge erred in: (1) approving the accounting for the Jackson property based upon the Amerival appraisal; (2) approving the final accounting without provision for repayment of expenses incurred by appellants in caring for decedents; and (3) in failing to order testimony on the issue of payment of funeral expenses.

We have carefully considered these arguments against the record and conclude that the Judgment of the Probate Part is supported by the proofs. R. 2:11-3(e)(1)(A). All issues of law are without merit and an opinion would have no precedential value. R. 2:11-3 (e)(1)(E).

 
Affirmed.

(continued)

(continued)

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A-1541-04T3

September 23, 2005