Miriam Behman Brody
Top rated Estate & Trust Litigation attorney in Saratoga, California
Law Offices of Miriam Behman Brody
Practice areas: Estate & Trust Litigation, Estate Planning & Probate; view more
Licensed in California since: 1983
Education: University of California College of the Law, San Francisco
Selected to Super Lawyers: 2017 - 2026 Call today:
408-217-2334
Law Offices of Miriam Behman Brody
19040 Cox AvenueSuite 3
Saratoga, CA 95070 Visit website
Miriam Behman Brody is a seasoned attorney with a robust background in law and litigation. At her own firm, the Law Offices of Miriam Behman Brody, in Saratoga, California, she focuses on estate, trust and probate litigation. She represents a wide array of clients, including fiduciaries, trustees, estate planning attorneys and beneficiaries, among others. Her practice is known for its thorough approach to complex trust and probate issues, and she is committed to helping clients navigate these challenging situations with clarity and efficiency.
Having launched her career after graduating with a Juris Doctor from the University of California College of the Law, San Francisco, in 1983, Ms. Brody’s early legal experiences include a prestigious externship for the Honorable Judge William A. Newsom at the California Court of Appeal and a clerkship with the Honorable Judge Earl Johnson Jr. These positions honed her attention to detail and deep understanding of appellate practice, skills that she has carried throughout her career.
Ms. Brody initially practiced as a litigation associate at a private firm in Los Angeles. Seeking more courtroom experience, she transitioned to the Los Angeles County Public Defender’s Office in 1985, handling a diverse range of criminal cases. In 1988, she returned to the Bay Area, continuing her litigation career with other firms. In 1997, she became a partner at yet another firm, focusing on estate planning, tax and civil litigation. She then shifted to a role as in-house counsel in 2002, where she supported the legal needs of a niche executive search firm.
Ms. Brody's contributions to the legal community are recognized through numerous accolades, including an AV Preeminent peer-review rating* through Martindale-Hubbell and an “Excellent” rating on Avvo. She is an active member of various bar associations and frequently shares her knowledge through speaking engagements.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
Practice areas
Estate & Trust Litigation, Estate Planning & ProbateFocus areas
Estate Planning, Guardianships & Conservatorships, Living Wills, Power of Attorney, Probate & Estate Administration, Trusts, Will Contests, Wills
- 80% Estate & Trust Litigation
- 20% Estate Planning & Probate
First Admitted: 1983, California
Professional Webpage: https://www.miriambehmanbrody.com/attorneys/miriam-behman-br...
Bar / Professional Activity
- U.S. Supreme Court, 1994
- California Bar Association
- U.S. Court of Appeals 9th Circuit, 1990
- U.S. District Court for the Southern District of New York, pro hac vice
- U.S. District Court for the District of Hawaii, pro hac vice
- U.S. District Court for the District of Utah, pro hac vice
- U.S. District Court Eastern District of California, 1991
- U.S. District Court Northern District of California, 1988
- U.S. District Court Central District of California, 1985
- Supreme Court of California, 1983
- San Francisco Bar Association
- Silicon Valley Bar Association
- Santa Clara County Bar Association
- Litigation Section of the State Bar
- Trusts & Estates Section of the State Bar
- Santa Clara County Estate Planning Council
- Executive Committee, Silicon Valley Bar Association, 2017
- Executive Committee, Silicon Valley Bar Association, 2018
- Santa Clara County Judicial Liaison for the Silicon Valley Bar Association, 2017
- Santa Clara County Judicial Liaison for the Silicon Valley Bar Association, 2018
Verdicts / Settlements (Case Results)
- 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
- Successfully defended Trustee in removal action and negotiated a multi-party settlement that resulted in favorable acquisition of multi-million dollar trust agricultural property
- Recovered substantial damages from nursing home for elder abuse and physical injuries
- Successfully prosecuted financial elder abuse claims against Trustee and others resulting in multi-million dollar settlement
- Successfully traced and recovered for beneficiary over two million dollars in liquid assets embezzled from the estate of an elderly widow
- Successfully unwound fraudulent transfers of millions of dollars of residential and commercial real property assets for a grieving widow
- Defended sexual abuse charges leveled against decedent’s estate, obtaining a favorable settlement for the estate and its beneficiaries
- Successfully defended estate against Marvin (Palimony) claim
- Successfully recovered estate assets for beneficiary by proving testator’s intent in ambiguous testamentary instrument through introduction of extrinsic evidence
- Successfully recaptured estate assets fraudulently converted by beneficiary through undue influence and elder abuse of decedent before her death
- 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
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.
Pro bono / Community Service
- PACT, People Acting in Community Together
Honors
- Martindale-Hubbell, AV Preeminent
- Silicon Valley Bar Association Judicial Liaison for 2017 and 2018
- Selected To Super Lawyers from 2017 to 2022
Educational Background
- University of California, Berkeley, B.A., Bachelor of Arts, Major: Art History, 1980
Scholarly Lectures / Writings
- "Fiduciary Strategies In Heavily Contested Court Situations” October 25, 2023 For the Silicon Valley Chapter Professional Fiduciary Association of California, Guest Speaker, "Fiduciary Strategies In Heavily Contested Court Situations”, Guest Speaker, Silicon Valley Chapter Professional Fiduciary Association Of California, 2023
Office location for Miriam Behman Brody
19040 Cox Avenue
Suite 3
Saratoga, CA 95070
Phone: 408-217-2334
Selections
- Super Lawyers: 2017 - 2026
