Estate of Rubenstein

43 Pa. D. & C.5th 321, 2014 Phila. Ct. Com. Pl. LEXIS 389
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedNovember 24, 2014
DocketO.C. No. 337 DE of 2011
StatusPublished

This text of 43 Pa. D. & C.5th 321 (Estate of Rubenstein) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Rubenstein, 43 Pa. D. & C.5th 321, 2014 Phila. Ct. Com. Pl. LEXIS 389 (Pa. Super. Ct. 2014).

Opinion

HERRON, J.,

— Rose Rubenstein (“Rose”) died testate on August 1, 2010. In her March 9, 1987 Will, Rose named her husband Emmanuel Rubenstein as executor. Emmanuel died in 1990, many years before Rose’s death on August 1, 2010. Throughout those years after Emmanuel’s death, Dorothy Martin provided nursing and other services to Rose, who had no surviving children. Letters of Administration were granted to Dirk Simpson on September 22, 2010. On August 24, 2012, Dorothy [323]*323Martin filed a notice of claim against Rose’s estate in the amount of $521,600 for services rendered to Mrs. Rubenstein during her lifetime.

On My 3, 2013, Dirk Simpson, as administrator filed an account of his administration of the Rubenstein estate covering the period August 1, 2010 through May 31, 2013. The account showed a balance of principal and income before distribution of $260,990.52. The accountant proposed to distribute the sums remaining to seven charities named in Rose’s will after paying all debts and a specific bequest of $5,000 to Joanne Keczely. Dorothy Martin filed objections to the account to reassert her claim for $521,600. The attorney general also filed objections to the account as to claimed counsel fees, but he subsequently withdrew that objection.

A hearing was scheduled for May 5, 2014 to consider Dorothy Martin’s quantum meruit claim for payment by the estate for the services she had rendered to Rose Rubenstein from 1990 to the time of her death on August 1, 2010. Both the estate’s administrator and the Attorney General oppose this claim.

Dorothy Martin is a licensed nurse practitioner who was originally hired sometime prior to 1990 to provide nursing services to Emmanuel (“Manny”) and Rose Rubenstein. After Emmanuel’s death in 1990, Dorothy continued to provide nursing services to Rose. Both the accountant and the attorney general concede, however, that during that time Ms. Martin also performed services for decedent that “went beyond those traditionally associated with nursing care.”1 The broad array of skilled services that Ms. Martin performed for Rose was outlined in detail by the four [324]*324disinterested witnesses who testified in support of her quantum meruit claim.

The most impressive, authoritative witnesses were Sally Glassman and Rose Zavasky who worked for Merrill Lynch and had served as long-time financial advisers to the Rubensteins. Ms. Glassman, a wealth financial advisor at Merrill Lynch since 1980, was the head of the Glassman Group which was a team of financial advisers. Ms. Zavasky was a member of that team. Ms. Glassman first met Manny and Rose Rubenstein in 1984; she met Dorothy around the time of Manny’s terminal illness. Ms Glassman testified that while Emmanuel was alive, he handled the family finances. After his death in 1990, Dorothy Martin took over the day to day business of family finances because Rose was unable to do so due to her lack of experience, depression and multiple ailments.2

When Dorothy was first hired to perform nursing services, there had been a concept of a “shift,” which Ms. Glassman could vouch for since she was in charge of overseeing the family’s financial arrangements.3 As time progressed, however, Dorothy’s hours and the nature of her services expanded and changed. Some weeks Dorothy worked as many as 80 hours.4 Glassman noted that she had frequent communications with Dorothy, sometimes three times a week, at other times as often as every day. Depending on the issue, they might communicate at 9 in the night.5 According to Ms. Glassman, Dorothy’s hours “were long. They were inconsistent with any kind of time clock. Dorothy was there when she was needed.”6 In Glassman’s view, Dorothy’s role was critical; she was [325]*325“the lifeline for Rose.”7

Glassman observed that Dorothy performed services beyond those of a nurse or care giver. For instance, she arranged for doctor appointments, took Rose to those appointments, discussed Rose’s medical treatment with her doctors, managed all aspects of the household, cared for the car and its inspections. In addition, Dorothy was the intermediary with Merrill Lynch for necessary payments and alerted them to when real estate taxes were due. In Glassman’s opinion, Dorothy effectively served as a house manager/administrator/healthcare professional.8 Eventually, Dorothy was named power of attorney, and Glassman had complete confidence in her serving in this highly responsible role. Yet Dorothy was never paid for these additional responsibilities.9 Ms. Glassman estimated that in the last 4 to 5 years of Rose’s life, Dorothy spent one-quarter to one-half of her time doing these more managerial additional tasks.10

The reasons why Dorothy’s pay was never increased to compensate for the vital tasks she performed were manifold. Ms. Glassman testified that as Rose’s financial adviser she of necessity was concerned that Rose might outlive her financial resources, ironically because of the excellent care she received from Dorothy. As a consequence, Ms. Glassman emphasized the need for frugality which Dorothy took to heart, constantly looking for sales or carrying around coupons. There was also an “ethical” dimension to this; in the last 4 or 5 years of her life, Rose suffered increasingly from dementia. Ms. Glassman did not believe that Rose knew what was going on. There were times, for instance, when Rose did not recognize [326]*326Ms. Glassman when she called; Rose would call Dorothy “mom;” she experienced “cognitive dissidence.”11 At some point, Glassman and Dorothy discussed her entitlement to a higher pay but both felt uncomfortable increasing her pay at a time when Rose lacked the capacity to appreciate the necessity for such an increase. The discussion between Ms. Glassman and Dorothy of this salary increase always floundered on the issue of Rose’s lack of capacity:

We agreed, I mean I said, you know, this is a lot of work, what you are doing is beyond the skills of what you were engaged to do. I am very grateful to you for doing it, but we should talk about a compensation arrangement. And the discussion always landed on the same doorstep, which is yes, we probably should have discussed it when Rose’s capacity was more complete, but because it wasn’t, it would be an unfair judgment to make because Rose wouldn’t have the knowledge that we were making it.12

Dorothy was paid every week or so, and continued to be paid only for her nursing services. Because she was power of attorney, Dorothy made out the checks herself and kept meticulous records as demonstrated by Exs. 0-1 to 0-3 which list all the payments from the various Wachovia power of attorney accounts and general accounts. In 2008, for instance, Dorothy was paid $38,179.13 for “nursing services;” in 2009 she was paid $36,574.39 for “nursing services;” while in 2010, she was paid $22,893. Ex. O-l. No hint was raised that Dorothy in any way abused the financial trust she exercised over many years.13 Instead, Ms [327]*327Glassman emphasized the extremely high, thorough and compassionate care Dorothy provided: “I am completely convinced that Rose Rubenstein would have died a long time ago if it weren’t for Dorothy.”14

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Consentino v. Vittoria
147 A.2d 839 (Supreme Court of Pennsylvania, 1959)
Lebo Estate
169 A.2d 105 (Supreme Court of Pennsylvania, 1961)
Hera v. McCormick
625 A.2d 682 (Superior Court of Pennsylvania, 1993)
Dart Estate
232 A.2d 724 (Supreme Court of Pennsylvania, 1967)
Bednar v. Marino
646 A.2d 573 (Superior Court of Pennsylvania, 1994)
Ragnar Benson, Inc. v. Bethel Mart Associates
454 A.2d 599 (Superior Court of Pennsylvania, 1982)
Lach v. Fleth, Admr.
64 A.2d 821 (Supreme Court of Pennsylvania, 1949)
In Re Est. of A. Koonce, Balliet
161 A. 578 (Superior Court of Pennsylvania, 1932)
In Re Estate of J.C. Porter
167 A. 490 (Superior Court of Pennsylvania, 1933)
Kauss v. Rohner
33 A. 1016 (Supreme Court of Pennsylvania, 1896)
Gibb's Estate
110 A. 236 (Supreme Court of Pennsylvania, 1920)
Mack's Estate
123 A. 462 (Supreme Court of Pennsylvania, 1924)
Davies' Estate
60 Pa. Super. 360 (Superior Court of Pennsylvania, 1915)
Fronheiser Estate
15 Pa. D. & C.3d 176 (Berks County Court of Common Pleas, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
43 Pa. D. & C.5th 321, 2014 Phila. Ct. Com. Pl. LEXIS 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-rubenstein-pactcomplphilad-2014.