Conservatorship of Sims
Hazel B. Sims appeals from a judgment in an action brought on behalf of her husband Arthur James Sims by Andrea Sims-James, the conservator of Arthur’s estate.[1] (The action originally was brought by Arthur’s brother, Dillard Sims; after Dillard died, Arthur’s daughter Andrea was appointed temporary successor conservator.) The probate court found that Hazel breached her fiduciary duty and exercised undue influence over Arthur, who had been diagnosed with dementia, by having Arthur sign a quitclaim deed transferring to her his interest in the real property (their residence) they owned as joint tenants. The court ruled that (1) the transfer of the property, which was community property, severed the joint tenancy and that Hazel and Arthur became tenants in common; (2) for his interest as tenant in common, Arthur was entitled to half of the proceeds Hazel received when she subsequently sold the property; and (3) Arthur was also entitled to half of Hazel’s interest as damages for her breach of fiduciary duty under Family Code section 1101, subdivision (g). The court also ordered Hazel to pay Andrea’s attorney fees for her prosecution of the action, as well as all or some of the attorney fees incurred by Enright Premier Wealth Advisors, Inc. (Enright), TD Ameritrade, Inc. (Ameritrade), and Charles Schwab & Co., Inc. (Schwab), who were named as defendants in the action.[2]
We conclude the award of half of Hazel’s interest in the sale proceeds is not authorized by law. Therefore, we strike that portion of the damages award. In all other respects, we affirm the judgment as so modified.
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