Attorney Spotlight: Nicole H. Silverstein
Nicole Silverstein is a senior associate at Keystone, specializing in litigating contested trust, estate, conservatorship, and guardianship cases.
Before joining Keystone, Nicole spent nearly ten years practicing family law, where she represented clients in all aspects of marital dissolution and parentage cases. She also negotiated surrogacy, egg donation, and sperm donation contracts on behalf of Gestational Carriers, egg donors, and sperm donors. Her extensive background in family law provides her with a comprehensive perspective on probate disputes and post-death family conflicts, including the characterization issues of community and separate property.
Fast Facts
Nicole’s extensive experience in both family law and probate litigation brings a unique and well-rounded perspective to our team. Her dedication to her clients is unparalleled; she consistently goes above and beyond to ensure their needs are met with the utmost professionalism and care. Her ability to navigate complex legal issues with ease and her unwavering commitment to results make her an invaluable asset to our firm. Plus, she is an absolute pleasure to work with and has a great sense of humor.
– Partner Joshua Taylor
- Grew up in Long Beach
- Graduated from UC San Diego with a Bachelor of Science degree in Psychology
- Graduated from University of San Francisco School of Law
- Spent her 1L summer in Jackson, MS interning at the Office of Capital Defense Counsel with the Keta Taylor Colby Death Penalty Project
- Certified Law Student with the USF Criminal and Juvenile Justice Law Clinic
- Interned with the San Francisco Department on the Status of Women, the Children and Family Services Division of the City Attorney’s Office, and the ACLU of Northern California
- Spent a year living in Mexico teaching English as a foreign language
- Spent a year living in Maryland working as a congressional intern and a legislative fellow on Capitol Hill in Washington, D.C.
What do you like most about the work that you do?
I really enjoy working with clients and achieving positive results for them—it’s incredibly exciting. At Keystone, we have a fantastic group of people and working with such talented individuals allows for a uniquely positive and fun environment. There’s always something new to explore, whether it’s a new issue or a unique set of circumstances. Because probate litigation involves such a wide range of different issues, we are lucky in this field to be constantly learning. I also love writing and research, which are important parts of my job.
What is the most valuable thing a lawyer can do for their clients?
I think one of the most important things you can do for your clients is to be honest with them. Some attorneys might be tempted to “sell” their clients on their case being a sure thing or to guarantee a specific result, but it’s crucial to ensure that clients understand that various outcomes are possible, and to discuss the potential upsides and downsides of all possible strategic approaches.
As you work toward getting the best possible result for your clients, it is important to keep them involved in the process. In litigation, ignorance is not bliss.
-Senior Associate Nicole H. Silverstein
What do you enjoy most about working at Keystone?
The people at Keystone are a very special group. Keystone has managed to bring together people who not only excel at what they do, but also care deeply about their work and are genuinely good people. It’s rare to find a team that is both talented and passionate, and a true pleasure to work with.
What advice would you offer to new attorneys interested in your field?
This is a great area of law to get into. I would encourage new attorneys to pursue the field of probate litigation, as it deals with people and human-centered issues and can therefore be extremely gratifying.
I recommend talking to people who practice in this area to learn more about it, to see if you’re interested, and to make those connections. For probate litigation specifically, it’s also helpful to have backgrounds in other areas, such as family law, tax law, or civil litigation, because the issues often overlap. And do not be afraid to ask questions.
What have been some of your most memorable cases?
One of my most memorable cases involved the guardianship of a minor child a couple of years ago. I felt so strongly about the child’s wellbeing, and my client was completely dedicated to making sure that his needs were being met. In a case like that, the stakes feel incredibly high.
I often have clients with whom I really connect, and I am also often surprised by the interesting issues that arise. For example, I recently represented the heirs of an estate who were in litigation with the heirs of the decedent’s spouse after both the decedent and his spouse died simultaneously, and there were implications involving both federal and California law.
What skills or qualities do you think are essential for success in your role?
To be successful in this role, it’s important to be thoughtful. When an issue is presented, don’t just assume you know the answer. Take the time to consider and investigate the issue from all perspectives; don’t ignore the details.
Research and writing are so vital to what we do, so it’s crucial to hone these skills. It’s not just about writing briefs; it’s about knowing how to present arguments convincingly.
Can you share a key milestone or accomplishment in your professional journey?
When I was still practicing family law, I handled a contempt trial for a client whose children were being kept from him in violation of the Court’s custody orders. It was a complex case, dealing with young children and complicated family dynamics. Cross-examining young children on the stand was quite challenging, and the stakes were high, but ultimately prevailing on all counts and knowing that my client would no longer be kept from his children was beyond rewarding.
This experience reinforced my desire to litigate for good causes and to dedicate myself to helping clients achieve their goals It also made me proud of what I was doing, reaffirming that I was on the right path and doing work that felt important to me.
When I joined Keystone, I brought with me 10 years of legal experience transitioning to the practice of probate litigation has been incredibly gratifying, and I was extremely lucky to be being able to take the skills I honed in the first decade of my career and channel them into a practice that is extremely meaningful and fulfilling.
What do you think the future holds for this area of law, and how are you preparing for it?
With AI becoming a bigger part of daily life, including with the drafting of wills, trusts, and communications, I suspect that issues of intent and capacity will become more complicated to litigate. It is important that safeguards are implemented to protect intent and capacity from being misrepresented, perhaps including ways to identify when documents were created by AI and when they were not.
It is important to stay on top of the different AI developments so we as attorneys can be prepared to spot issues when they arise. Unfortunately, anything that can be used can also be abused so extra care must be taken.
When you are not working, what would people find you doing?
90% of the time, something related to my kids, whether it be spending time with them, planning for them, or let’s be honest, worrying about them as mothers tend to do. When not doing that, there is a very good chance you might find me watching The Golden Girls or Murder, She Wrote.
What might people be surprised to know about you?
When I was nine years old, I played Oliver Twist in a community theater production of Oliver. The director made clear that I did not need to cut my hair for the role, but for reasons I will never fully understand, I chopped it all off anyway.
Nicole Silverstein was an amazing help throughout a very stressful situation. She was very professional and made me feel confident that I was in good hands. I would highly recommend Keystone Law.
My experience with Keystone law, and Nicole Silverstein has been excellent. Issues with my mothers estate were very complicated. Nicole and everyone at Keystone is very understanding and helpful and communicated with me throughout the whole process. I am very happy that I chose Keystone law to help me. The legal expertise that they executed helped me achieve a favorable outcome for my case.
I can’t thank Keystone Law Group enough, especially Jenna Schneider and Nicole Silverstein! I worked with them for about 3 years on my probate case, and they were amazing every step of the way. They were super knowledgeable, organized, and always made sure to answer every question I had. They put in so much effort and made me feel like my case truly mattered. I was really stressed about this for years, but Jenna, Nicole & the whole team came through and delivered exactly the outcome I was hoping for. I’m honestly so happy with the results.
