29 January 2021 - Article
Michael S. Brophy
Partner | Los Angeles
Michael is a partner in the trust, estate and inheritance disputes team and is the regional division leader of the US private client and tax team.
Michael has extensive experience representing individuals, families, charities, corporate trustees, private professional fiduciaries and creditors in litigation involving complex trusts and estates. Michael’s diverse practice includes will and trust contests, accounting disputes, breach of duty actions, elder abuse and conservatorship disputes, document interpretation matters, and other contested probate and fiduciary-related matters.
Michael also has experience in business and commercial litigation, including contract, real estate, copyright, Lanham Act, trade secret, and unfair competition matters.
In addition to litigation and trial work, his practice includes risk assessment and counseling, alternative dispute resolution, and administrative proceedings. Michael frequently writes and speaks on trust and estate litigation topics and is active in bar leadership and committee work.
Track record
Admissions
Publications
Memberships
Talks
Represented trustee of dynasty trust in a child support matter in a family court bench trial, successfully defeating all claims against the trust.
Represented an elderly widow in a complex contentious trust matter spanning four years to rescind an ineffective and unwanted estate plan, defeating efforts by her child to impose a medical exam on the client, successfully opposing a petition to have a guardian appointed for the client, successfully persuading the court to dismiss certain cross-claims for which the adverse child lacked standing, defending against derivative lawsuits filed by the trust held companies, preparing for trial and favorably settling in mediation with the client’s daughter.
Represented an individual trustee in a bench trial obtaining a complete and decisive verdict in favor of the fiduciary. Defeated allegations of breach of duty and requests for surcharge.
State of California, 1998
9th Circuit Court of Appeals, 2000
U.S. District Court for the Central District of California, 2000
‘Children Supporting Themselves? How Sparring Parties in Support Disputes Seek to Use the Family Code to Bypass Trust Protections for Beneficiaries,’ Family Law News Issue 3, 2020, Volume 42, No. 3 - September 16, 2020, co-author
‘Protecting trustees from blame (and liability) in COVID-19’s new world order,’ Daily Journal’s "Wealth with Withers" column - July 21, 2020, co-author
‘Withersworldwide Expands LA Outpost with 3 New Attorneys,’ Daily Journal - February 18, 2020, quoted
Los Angeles County Superior Court Civil Bench-Bar Liaison Committee
Los Angeles County Superior Court Temporary Judge Program (Judge Pro Temp)
LGBT Bar Association of Los Angeles Board of Governors
‘Help! The Gardener is Stealing My Inheritance,’ San Fernando Valley Bar Association, Probate and Estate Planning Section
‘Help! The Gardener is Stealing My Inheritance,’ South Bay Association, Trust and Estate Section
‘The Kids Are Not Alright: Drafting Estate Plans to Prevent Future Public Family Disputes,’ Conejo Valley Estate Planning Council
Education
Languages
- English
Dates
Joined
2015
Partner
2015
