Murphy v. Hegyi

Respondent appeals as of right the probate court’s order “that the proceeds of the sale of decedent’s real property by respondent are subject to a constructive trust for the benefit of decedent’s estate.” The probate court concluded that respondent, decedent’s daughter,1 breached her common-law fiduciary duty to decedent when, as attorney-in-fact, she conveyed decedent’s real property to herself at a time when decedent, who suffered from dementia, could not freely consent to the details of the transaction. The probate court also determined that the Estates and Protected Individuals Code…