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202200334 stipulation wherein they agreed that Plaintiffs may redeem a tax sale certificate issued for the acreage, and pay any resulting real estate taxes due, with a right of reimbursement. See Stipulation, filed September 22, 2021. B. Count II: Cash Withdrawals Plaintiffs next argue that Defendant engaged in additional self-dealing when he withdrew funds from Howard's bank accounts. The following transactions are at issue: October 27, 2017- December 6, 2017: Plaintiffs allege that Defendant made multiple withdrawals from Howard's bank account at various ATM locations from October 27, 2017 to December 6, 2017, using her debit card. Bank records show that multiple withdrawals were made during this time -period in the amount of $500 each, the maximum amount that could be withdrawn each day. See Exhibits 38, 39, and 41. Plaintiffs allege the total amount of withdrawals was $8,500. Additional witnesses testified that because Howard did not drive, she had never used a drive through ATM and the pattern of withdrawals was unusual. Defendant testified that he made the withdrawals at Howard's request and with her permission. According to him, she was sometimes with him and sometimes not. Some of the withdrawals were made inside the bank and a number of them were made in the drive through. The cash withdrawals are suspicious. Defendant did not deny making the withdrawals, but he did not provide an accounting for the funds. See Woodward v. Andersen, 261 Neb. 980, 990, 627 N.W.2d 742, 751 (2001) (once a fiduciary relationship is established and a breach occurred, the burden shifts to the fiduciary to prove the fairness of the transactions). While Defendant testified that he gave the money to Howard, there was no evidence presented as to why she needed the cash. Defendant's testimony that he sometimes placed the cash inside Howard's roll top desk at her home was not credible. Moreover, many of the withdrawals occurred after Howard had fallen and was in skilled nursing care, which further undermines Defendant's explanation as to what he did with the money. The frequency of the withdrawals also increased after Howard's incident, with over $3,500 withdrawn after her fall. See Exhibit 25. Defendant is accountable for the value of the property converted and plaintiffs shall accordingly have judgment against him 12 Certified Page 12 of 17