Estates/Probate/Trusts
As a Monterey County Superior Court Judge for over 25 years,
Hon. Richard M. Silver (Ret.) presided over the Probate Department in excess of seven years and managed, tried, and settled hundreds of probate cases involving contested conservatorships, guardianships, or disputed inheritances. Since joining JAMS as a full-time neutral in June 2002, Judge Silver has served as a private judge or mediator in numerous probate matters and other related family partnership or business disputes.
Judge Silver is recognized for his ability to resolve contentious, complicated, and highly charged cases.
Representative Matters
Judge Silver has handled the following representative matters at JAMS:
- Resolved emotional family probate matter involving will contests, allegations of undue influence and/or lack of mental capacity, and tax issues
- Handled highly charged and complex probate matter involving million dollar properties owned by siblings, including trust and will issues, allegations of breach of fiduciary duty by trustee or executor, and complex property transfers and tracing issues
- Settled a contentious dispute between heirs claiming undue influence by other relatives resulting in a change of testator’s will
- Mediated sensitive disputes between trust beneficiaries and family with claims of wrongdoing and/or abuse by caregivers
- Resolved dispute between siblings as to parents’ estate, including claims of mishandling and wrong doing resulting in an emotional and complicated settlement
- Re-mediated complex tax and property dispute between heirs who had obtained a prior unenforceable settlement complicated by claims of a new heir
- Resolved dispute involving one family member leasing property from other family members
- Settled sensitive dispute involving a prominent family’s substantial lands in Monterey county
- Resolved delicate dispute between families regarding their long term business relationship
- Handled a highly charged contest to a will by surviving spouse and children against executor/long term advisor
- Resolved dispute involving a petition by beneficiaries of a trust to remove the trustee
- Mediated dispute regarding claims of breach of partnership agreement, breach of oral or implied agreement, imposition of constructive trust, and other equitable relief
