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202200334 described by some as a "people pleaser" and she was, at times, reportedly confused, she struggled with remembering things after a medication change, and was an "emotional mess." Additional evidence showed that Defendant made some effort to isolate her from friends and family. Howard also executed a number of legal documents within days after meeting with Dr. Wagner, each of which provided Defendant significant benefits and interests in her property. These additional "suspicious circumstances" create a presumption of undue influence, which Defendant did not overcome. See Hedke, 278 Neb. at 74344, 775 N.W.2d at 28. The court has not ignored that some witnesses testified that Howard appeared to be competent and of sound mind at moments, and that she independently expressed a desire to move forward with the property purchase and to modify her legal documents. But, the court finds more credible evidence that Howard was dependent and vulnerable at the time the property was purchased and that Defendant took advantage of that vulnerability. For these reasons, the Court finds the evidence clear and convincing that Defendant violated Nebraska's POAA, breached his fiduciary duty, exercised undue influence, and/or committed constructive fraud, and accordingly sustains plaintiffs' request for a constructive trust. "A constructive trust is a relationship, with respect to property, subjecting the person who holds title to the property to an equitable duty to convey it to another on the ground that his or her acquisition or retention of the property would constitute unjust enrichment." Manker v. Manker, 263 Neb. 944, 960, 644 N.W.2d 522, 536 (2002). An action to establish a constructive trust is an equity action, and can be imposed when the evidence is clear and convincing that "one has acquired legal title to property under such circumstances that he or she may not in good conscience retain the beneficial interest in the property." Hanigan v. Trumble, 252 Neb. 376, 381-82, 562 N.W.2d 526, 531 (1997). The evidence in this matter is again clear and convincing that Defendant occupied a position of trust and wrongfully acquired title to the acreage, making a constructive trust appropriate. The court also finds a constructive trust, as opposed to some other form of damages, more appropriate as Plaintiffs already have a tax lien on the property pursuant to Neb. Rev. Stat. §77-1824. Defendant acknowledged at trial that he cannot afford the expenses on the acreage and that he has not paid the real estate taxes for the property since the purchase in 2017. To avoid default, the parties recently filed a 11 Certified Page 11 of 17