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

Judge Bars Estate Recovery From Metro

By Walter F. Roche Jr.

A senior Nashville judge has dismissed a $515,907 claim against Metro Nashville government filed in behalf of the estate of a man whose assets were depleted by $771,009 thanks to the lawyer appointed to oversee his case.

In a three-page ruling Judge Ben H. Cantrell concluded that the claim filed in behalf of the estate of William Link had to be disallowed because it was not filed until long after a one-year statute of limitations had expired.

Cantrell concluded that the one-year limit did not only apply to wrongful death cases as the lawyers for Link had argued.

"The plaintiff's argument is appealing, especially in this case, but the court thinks the Supreme Court did not limit their decision to wrongful death cases," Cantrell wrote in the three page decision.

John E. Clemmons

The Link estate was one of four cases in which now jailed and disbarred attorney John E. Clemmons stole over $1 million from estates and conservatorships he was overseeing. Clemmons, 69, is now serving an 18-year prison sentence after pleading guilty in all four cases.

Lawyers for Link had argued that if Davidson Probate Court officials had done their job  and required Clemmons to file mandatory annual accountings, the thefts would have been prevented. According to court filings Clemmons, who was appointed administrator in March of 2003, filed one annual accounting on Sept. 15, 2004.

Cantrell did not dispute that conclusion and also pointed out that court officials approved a series of fee requests submitted by Clemmons up through 2012 "despite the lack of accounting."

Paul Gontarek, who replaced Clemmons as the administrator, said Monday they were reviewing the ruling to determine what if any further action to take.

Cantrell has yet to rule in a similar case in which Gontarek is seeking to recover $157,050 from Metro for Donald Griggs who had his conservatorship overseen by Clemmons.  Arguments in the Griggs case paralleled those on the Link case.

In his ruling Cantrell concluded "that the claims against Metro in this case are barred by the one-year statute of limitations."

Gontarek, meanwhile, is pursuing a claim against Clemmons' malpractice insurance carrier, but lawyers for the company have asked a federal judge to bar any claim because the policy does not apply to criminal conduct.

Probate Judge David "Randy" Kennedy, who appointed Gontarek to replace Clemmons, recently approved fees and expenses for Gontarek and Patrick Mason totaling a little over $35,000. Mason was hired to pursue the claims against Metro.

Contact: wfrochejr999@gmail.com

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Judge Bars Estate Recovery From Metro

Prince estate case to be held behind closed doors as media denied access

The Minnesota judge overseeing Prince’s estate case won’t allow attorneys for several media companies to intervene in an upcoming hearing.

In a letter made public on Saturday, Carver County district judge Kevin Eide denied the media’s request to be heard at a probate hearing on Monday, but left open the possibility of scheduling a hearing on the issue of access at a later date.

The media groups asked to intervene to ensure the press and public would have access to estate proceedings and records, and to ensure the hearing remains open in its entirety.

The hearing in Chaska, a Minneapolis suburb, will cover procedures for determining who stands to inherit part of Prince’s estate. Prince died on 21 April of an accidental overdose of the drug fentanyl, and no will has been found.

His estate could be worth up to $300 million, and several people have come forward claiming to be heirs.

DNA tests have already determined that a Colorado inmate is not Prince’s son, as he had claimed, according to a person who saw a sealed document and spoke to on condition of anonymity because the person was not authorized to release the information.

With no known children, Prince’s sister, Tyka Nelson, and at least five half-siblings could share in the estate.

In a previous order, Eide barred cameras, audio recordings and sketch artists from the hearing and said he might close portions of it if he has to address paternity questions about specific people. Since then, several documents have been filed under seal.

Attorney Leita Walker, who is representing the media companies, said in court documents that closing the courtroom would violate the First Amendment and common law rights of access to court proceedings.

“There is simply no compelling reason here to depart from the presumption that this probate proceeding is open to the press and public,” Walker wrote.

Eide said in his letter that he recognized Walker’s concerns and has been working to “unravel the knotty issues” involving the public’s right to access and confidentiality rules.

The judge also said the court was reviewing legal requirements about the release of documents and, if appropriate, some may be unsealed.

Meanwhile, Indianapolis Colts owner Jim Irsay has purchased the Yellow Cloud electric guitar that Prince used in numerous concerts until the mid-1990s.

The NFL football team owner and collector of musical instruments paid $137,500 for the guitar at an auction in Beverly Hills on Saturday.

Heritage Auctions, which conducted the auction, says the solid body guitar was a favorite of the late musician from the late 1980s to the mid-1990s.

Irsay also has instruments once owned by musicians Jerry Garcia of Grateful Dead, John Lennon and Ringo Star of The Beatles and singer-songwriter Bob Dylan.

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Prince estate case to be held behind closed doors as media denied access