NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5731-17T1 IN THE MATTER OF THE ESTATE OF CHRISTINE D. CENAFFRA, Deceased. _________________________ Submitted October 24, 2019 – Decided September 9, 2020 Before Judges Suter and DeAlmeida. On appeal from the Superior Court of New Jersey, Chancery Division, Warren County, Docket No. P-14- 145. Hegge & Confusione, LLC attorneys for appellant Patricia Stollenmaier (Michael Confusione, of counsel and on the brief). Mitchell H. Spingarn, attorney for respondent Michael Cenaffra. PER CURIAM Defendant Patricia Stollenmaier appeals the July 17, 2018 judgment for $200,422 entered against her following a bench trial. The judgment is based on payments defendant made as a power of attorney and then as the executrix of the Estate of Christine D. Cenaffra (the Estate). We affirm the judgment in part because it is based on substantial credible evidence in the record, but we remand the case to the trial court for a recalculation of the amount of the judgment. I. We relate the facts from the bench trial. Christine D. Cenaffra (decedent) had six children: Diane Cenaffra (plaintiff), Patricia Stollenmaier (defendant), Barbara DiNapoli, Mark Cenaffra, Michael Cenaffra, and Matthew Cenaffra. Decedent died testate on March 7, 2015. Her Last Will and Testament named defendant as the executrix. Defendant also was her mother's power of attorney (POA). Decedent resided with defendant from 2008 until her death. Decedent's house was sold in April 2015, netting $229,543.72 for the Estate. Plaintiff received a $10,000 check from the Estate in December 2015. When she did not receive any other payments, she began to inquire through her attorney about the Estate's finances. Plaintiff filed an Order to Show Cause and Verified Complaint in July 2016, seeking to enjoin defendant, as executrix, from distributing assets of the Estate and requested a verified accounting of all financial activity for the period when defendant was POA (August 2007 to March 7, 2015) and as executrix. (A- 2; A-218). The trial court ordered defendant to provide a verified accounting in A-5731-17T1 2 sixty days and restrained her from distributing any assets outside the ordinary course of business or any monies she had paid to herself. Defendant did not provide the accounting. The court ordered defendant's removal as executrix on February 7, 2017. Plaintiff was appointed as administrator substitute executrix. She learned the inheritance tax return showed a gross value of $319,368 for the Estate, but by then the Estate only had $6886 in its account. Defendant was deposed in December 2017. The court conducted a two-day bench trial. Defendant was present but did not testify because her counsel notified the court she invoked the Fifth Amendment right against self-incrimination. On July 17, 2018, the court entered a ...
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