Sorry for your loss,...
Unfortunately - you may not deduct these expenses on your personal tax return. You would be able to deduct legal expeenses only in connection with taxable income. Thus these expences are not related to any taxable income you had - they are not deductible.
Please see for reference IRS publication 529 page 10 - http://www.irs.gov/pub/irs-pdf/p529.pdf
Sorry if that is not the answer you expected.