Miriam Behman Brody

Miriam Behman Brody

Attorney Profile

Top Rated Estate & Trust Litigation Attorney in Saratoga, CA

Law Offices of Miriam Behman Brody
 | 19040 Cox Avenue, Suite 3
Saratoga, CA 95070
Phone: 408-257-0900
Fax: 408-257-7925
Selected to Super Lawyers: 2017 - 2019
Licensed Since: 1983
Practice Areas:
  • Estate & Trust Litigation (90%),
  • Estate Planning & Probate (10%)
Attorney Profile

     Ms. Brody’s extensive trial experience, meticulous attention to detail and creativity all contribute to the favorable, often surprisingly so, results achieved for her clients in her comprehensive estate, trust and probate litigation practice, which also includes hotly contested probate and trust administration matters.  Ms. Brody represents private professional fiduciaries, professional and lay trustees, beneficiaries, heirs, administrators, executors, guardians, conservators, will and trust contestants and respondents and elder abuse claimants and respondents in a wide variety of cases.  She approaches each engagement by identifying the client’s objectives and developing the legal strategy most likely to achieve those objectives.  She is focused. She is result oriented.  She is motivated.

     Ms. Brody has successfully defended Trustees in a variety of actions, including removal petitions, accounting matters and claims of breach of duty and financial elder abuse.  She has negotiated a multi-party settlement that resulted in acquisition of multi-million dollar trust agricultural property, recovered substantial damages from a nursing home for elder abuse and physical injuries, successfully prosecuted financial elder abuse claims resulting in a multi-million dollar settlement, successfully traced and recovered over one million dollars embezzled from the estate of an elderly widow, successfully unwound fraudulent transfers of multi-millions of dollars worth of commercial and residential real property, defended sexual abuse charges leveled against a decedent’s estate, obtaining a favorable settlement for the estate, successfully proved a testator’s intent through admission of extrinsic evidence to explain an ambiguous testamentary instrument resulting in obtaining a substantial inheritance for her client, successfully recaptured estate assets fraudulently converted by one  beneficiary through undue influence and elder abuse, successfully established the invalidity of fraudulently obtained powers of attorney and other estate planning documents and successfully defended one trustee and the applicable estate plan from a petition seeking to remove the trustee and to void the estate plan based on successfully defended claims of incapacity and undue influence. 

     She has successfully defended a lender at a 3 week jury trial against claims of tortious interference with contract involving trust property.  The defense verdict was obtained despite that plaintiff was awarded damages against the other two defendants and punitive damages against one of them.  She has also on multiple occasions enforced the community property rights of surviving widows, recovering millions of dollars in real estate, marketable securities and cash, by pressing claims for fraud, conversion, unauthorized gifting and the like, including obtaining temporary orders to freeze bank accounts and brokerage accounts pending trial to ensure the availability of assets to satisfy resulting judgments.

     When engaged to represent a Trustee in contested Trust Administration matters, Ms. Brody’s advice is invaluable in negotiating real estate transactions, brokering non pro rata distribution of estate assets between competing beneficiaries, resolving creditor’s claims, obtaining modification of a trust instrument and/or obtaining court approval of the Trustee’s proposed action where contentiousness amongst beneficiaries requires it.  Above all, Ms. Brody will protect the interests of her client and achieve the best possible obtainable result.

About Miriam Brody

Admitted: 1983, California

Professional Webpage: https://www.miriambehmanbrody.com/attorneys/miriam-behman-br...

Bar/Professional Activity:

  • Santa Clara County Judicial Liason for the Silicon Valley Bar Association, 2018
  • Executive Committee, Silicon Valley Bar Association, 2018
  • Santa Clara County Judicial Liason for the Silicon Valley Bar Association, 2017
  • Executive Committee, Silicon Valley Bar Association, 2017
  • Santa Clara County Estate Planning Council
  • Trusts & Estates Section of the State Bar
  • Litigation Section of the State Bar
  • Silicon Valley Bar Association
  • California Bar Association
  • Santa Clara County Bar Association

Pro bono/Community Service:

  • PACT, People Acting in Community Together

Verdicts/Settlements:

  • Successfully established invalidity of fraudulently obtained power of attorney and other estate planning documents resulting in reinstating inheritance
  • Successfully defended trustee and estate plan from petition seeking to remove trustee and to void estate plan for lack of capacity, undue influence, fraud and mistake
  • Successfully recaptured estate assets fraudulently converted by beneficiary through undue influence and elder abuse of decedent before her death
  • Successfully recovered estate assets for beneficiary by proving testator’s intent in ambiguous testamentary instrument through introduction of extrinsic evidence
  • Successfully defended estate against Marvin (Palimony) claim
  • Successfully unwound fraudulent transfers of millions of dollars of residential and commercial real property assets for a grieving widow
  • Successfully traced and recovered for beneficiary over two million dollars in liquid assets embezzled from the estate of an elderly widow
  • Successfully prosecuted financial elder abuse claims against Trustee and others resulting in multi-million dollar settlement
  • Recovered substantial damages from nursing home for elder abuse and physical injuries
  • Successfully defended Trustee in removal action and negotiated a multi-party settlement that resulted in favorable acquisition of multi-million dollar trust agricultural property
  • Successfully defended lender at 3 week jury trial against claims of tortious interference with contract involving trust property. Obtained defense verdict despite that plaintiff was awarded damages against the other two defendants and punitive damages against one of them
  • Defended sexual abuse charges leveled against decedent’s estate, obtaining a favorable settlement for the estate and its beneficiaries

Transactions:

  • Ms. Brody’s trust administration practice typically involves only the more complex estates, often consisting of more contentious beneficiaries.  She has advised and assisted with transactions ranging from the sale of residential properties to the sale of agricultural properties, commercial properties and business assets, all with the fiduciary obligations of the Trustee in mind, but with protection of the fiduciary from incurring liability to trust beneficiaries being the paramount consideration.

Other Outstanding Achievements:

  • Martindale-Hubbell, AV Preeminant

Educational Background:

  • University of California, Hastings College of the Law, 1983
  • University of California, Berkeley, Bachelor of Arts, 1980

Industry Groups

  • California State Bar
  • Executive Committee Of The Silicon Valley Bar Association (2017 And 2018)
  • Litigation Section Of The State Bar
  • San Mateo County Bar Association
  • Santa Clara County Bar Association
  • Santa Clara County Estate Planning Council
  • Santa Clara County Judicial Liason For The Silicon Valley Bar Association (2017 And 2018)
  • Silicon Valley Bar Association
  • Trust & Estates Section Of The State Bar
Office Location for Miriam Behman Brody

19040 Cox Avenue
Suite 3
Saratoga, CA 95070

Miriam Behman Brody:

Last Updated: 2/8/2019

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