In re Estate of Gasparac

Mary Gasparac, decedent, resided with her daughter, Mae Schunk (defendant), from 1987 through 1996, until her death at the age of 86. Gasparac named Schunk as her personal representative in her will and named Schunk as her attorney-in-fact pursuant to a durable power of attorney. After Gasparac’s death in 1997, Schunk submitted an estate inventory listing the net value of Gasparac’s estate as approximately $18,000. Gasparac’s other two children, Katherine Ratkovich (plaintiff) and Jack Gasparac (plaintiff), moved for Schunk’s removal as personal representative, arguing that Schunk had wrongfully converted Gasparac’s assets into her own name. After an investigation, the probate court found that Schunk received approximately $181,000 from Gasparac between August 1987 and December 1996 and that Schunk had provided Gasparac with approximately nine years of free room and board. Schunk resigned as personal representative. In October 2000, Gasparac’s estate (plaintiff) filed a complaint against Schunk alleging Schunk had wrongfully converted $181,000 of Gasparac’s funds and had breached her fiduciary duty to Gasparac by transferring the $181,000 to herself for her own use. Schunk countered and moved for summary judgment, arguing that (1) the breach-of-fiduciary-duty claim was time-barred; (2) any claim for conversion arising prior to October 1994 was time-barred; and (3) Gasparac ratified Schunk’s use of Gasparac’s assets. It was undisputed that Gasparac was mentally competent. Schunk submitted affidavits from her husband, William, and Mary Preston, Gasparac’s health aide, stating that Gasparac had repeatedly approved Schunk’s use of Gasparac’s assets. The trial court granted Schunk summary judgment. The estate appealed.