Sunday, December 20, 2020

Michigan Court of Appeals upholds lower courts' ruling on St. Clair County estate case

by Laura Fitzgerald


The Michigan Court of Appeals Thursday upheld an earlier ruling that declared a now-dead St. Clair County woman did not have the capacity to sign her estate to her guardian, a senior retirement community leasing agent. 

But the guardian, Lisa Tramski, has said herself and the dead woman, Pauline Runyon, had a close friendship and Runyon appointed Tramski the beneficiary of her estate of her own free will.

The Michigan Attorney General filed objections in the St. Clair County probate case after Tramski became a guardian for 85-year-old Runyon and drafted a will making herself the beneficiary of Runyon’s estate. 

Probate Court Judge John Tomlinson ruled in September 2019 that Runyon lacked the capacity to sign the will and that Tramski exerted excessive influence on Runyon, according to the attorney general's office. 

Tramski appealed the case, and on Thursday, the Michigan Court of Appeals affirmed the lower court’s ruling.  

“A fiduciary – for instance a guardian, a power of attorney or a conservator – has a legal duty to act for someone else’s benefit while subordinating their own personal interest,” Michigan Attorney General Dana Nessel said. “Writing a will where the guardian gets everything, and the charities mentioned in previous wills are left with nothing clearly breaches this duty. My team is on high alert for any similar action and we invite the public to file complaints with my office. Let this case serve as a warning to anybody intent on exploiting a vulnerable adult in Michigan: We are watching, and with our local law enforcement partners, we will aggressively pursue those who breach these duties and line their own pockets.” 

Runyon, who had no living heirs, became a resident of the retirement community where Tramski worked as the leasing agent, according to the attorney general's office. 

The office said Tramski obtained large monetary gifts from Runyon for herself and her son within months of meeting her. Tramski became Runyon's guardian following an accident that resulted in a traumatic head injury for Runyon. 

Days before Runyon's death, Tramski's friend – who also worked at the retirement community – provide a will to Runyon that Tramski drafted, making herself the sole beneficiary of Runyon's estate, according to the office. 

The office said Tramski signed a do-not-resuscitate order for Runyon and requested “comfort care or hospice” the following day, nursing and progress notes indicated. 

While the case was on appeal, a 2010 will leaving Runyon's entire estate to various charities was admitted to St. Clair County Probate Court. 

Tramski describes mother-daughter relationship with Runyon

Tramski commented on the case following Tomlinson's decision in 2019. 

At the time, Tramski said in an email to the Times Herald she befriended Runyon after she inquired about leasing. There were no units available at the time Runyon entered Tramski's office, but Runyon continued to contact her, sparking a close friendship akin to a mother-daughter relationship.

In March 2018, Runyon sustained a head injury. Soon after, Tramski said she was advised by a social worker and a McLaren hospital staff member to become Runyon's legal guardian, to which she agreed. 

In May 2018, after Runyon was diagnosed with a Kennedy Ulcer, Tramski said she drafted a will and had a third party deliver it to Runyon. All actions were at the director of Tramski's attorney, she said. 

Runyon made the decision to make Tramski the beneficiary of her will of her own free will prior to her injury, Tramski said. Runyon made a video stating her wishes, and Tramaski made a statement to court to continue to honor Runyon's wishes to donate to charities of her choice, Tramski said. 

Tramski's attorney, Jeffrey Gerish, declined to comment on the case. 

Tramski did not immediately respond to an email requesting comment Friday afternoon. 

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