David Broy, et al. Missouri Cases

Diane Broy appealed a trial court judgment that found she breached her fiduciary duties as her mother's attorney-in-fact, engaged in self-dealing, and failed to maintain her mother's estate plan, awarding damages and imposing a constructive trust in favor of her siblings, David Broy and Lisa Lyon. The appellate court affirmed the findings of breach of fiduciary duty and the siblings' standing as "successors in interest" under Section 404.717. However, it reversed the imposition of the constructive trust, finding insufficient evidence to identify a specific res, and instead entered a money judgment for the siblings and remanded for a determination of appellate attorney's fees.