IN THE MATTER OF THE ESTATE OF RICHARD D. EHRLICH, Deceased.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 15, 2013.
On appeal from the Superior Court of New Jersey, Chancery Division, Burlington County, Docket No. 2009-2542.
Ronald P. Colicchio argued the cause for appellant Jonathan Ehrlich (Saul Ewing, LLP, attorneys; Mr. Colicchio, on the brief).
Dennis P. McInerney argued the cause for respondent Estate of Richard D. Ehrlich.
Before Judges Parrillo and Maven.
Appellant Jonathan Ehrlich appeals from the denial of his Rule 4:50-1 motion to vacate an order approving the interim accounting by respondent Dennis P. McInerney, the temporary administrator of the Estate of Richard D. Ehrlich. We affirm.
The facts of the underlying Will contest have been detailed in our prior published opinion, In re Estate of Ehrlich, 427 N.J.Super. 64 (App. Div. 2012), certif. denied, 213 N.J. 46 (2013), appeal dismissed, ___ N.J. ___ (2013), in which we affirmed the order of the General Equity Part admitting into probate the proffered Will of decedent Richard P. Ehrlich. Suffice it to say, the Will named appellant the primary beneficiary of his deceased uncle's estate.
Upon admitting the Will to probate on April 20, 2011, the General Equity judge named respondent temporary administrator of the estate. On May 31, 2011, respondent filed a verified complaint seeking approval of his "First and Final Account" with the Burlington County Surrogate's Court. An order to show cause was filed, setting a return date of June 17, 2011 for interested parties to file objections to the accounting. Appellant filed no exceptions to the accounting. In fact, no interested party objected to the accounting. After a hearing at which appellant was represented by counsel, who confirmed there were no objections, the judge entered an order on July 15, 2011 approving "the Temporary Administrator's First Intermediate Account" and his requested fees. The judge did not discharge the temporary administrator and directed instead the continued administration of the Estate.
Thereafter, on December 28, 2011, appellant filed a motion to remove the temporary administrator, and sought the turnover of all papers and files as well as an audit and investigation of the administration of the estate. The motion was denied. Appellant moved for reconsideration, which relief was also denied. Appellant did not appeal either ruling.
Instead, on April 4, 2012, appellant moved to vacate the July 15, 2011 order approving the First Accounting of the Temporary Administrator, chiefly on the ground that the accounting failed to include certain assets of the Estate. To that end, the motion also sought the following collateral relief:
2. Allowing the inspection by [appellant] of all the records and documents used by the Temporary Administrator as a basis for his First Accounting;
3. Requiring the Temporary Administrator to account for 9000 shares of UGI stock and the dividends from the UGI stock after July 1, 2010 and the dividends from Center Point Energy after March 10, 2010 and the ...