Robbie Barton

Robert (Robbie) Barton represents clients as they navigate their most significant and sensitive family disputes. Clients turn to Robbie when complex family conflicts, fiduciary issues, and multigenerational wealth disputes require sophisticated litigation strategy, discretion, and practical judgment.

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• Prevailed on a multi-week bench trial defending claims asserted by the spouse of a decedent who claimed a community property interest in Decedent’s company and Estate, with all claims dismissed and the Respondents’ being awarded their attorneys’ fees and costs
• Prevailed on a week-long bench trial invalidating a trust amendment for lack of capacity
• Obtained a court of appeal opinion affirming the trial court’s denial of an anti-SLAPP motion filed against a financial elder abuse cause of action for the improper procurement of a trust amendment
• Obtained the voluntary dismissal of a will contest on behalf of a US charity, resulting in all proceeds of the estate going to the charity
• Successfully defended heirs against fiduciary claims asserting $150 million in wrongful taking and elder abuse damages, ultimately resulting in a settlement with no liability to the heirs

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Successfully asserted claims on behalf of a surviving spouse and children against the spouse’s estate, resulting in a $40 million settlement

Obtained the removal of trustees improperly managing the assets of a valuable closely held business, ultimately resulting in the court-ordered sale of trust assets and distribution to the client

Successfully defended a US financial institution against allegations of financial elder abuse and intentional interference with an expected inheritance

Successfully defended an international financial institution against allegations of breach of fiduciary duty

Represented an heir to multibillion-dollar business in litigation proceedings pending in multiple states brought by individuals who sought ratification of elder financial abuse they committed and who sought to overturn the estate plan to their financial benefit. Successfully resolved with the estate plan being affirmed by the court and a confidential amount repaid by the abusers to the elder*

Obtained complete dismissal of a $10 million creditor’s claim made against an Estate by the decedent’s former business associates*

Successfully resolved a $40 million trust contest brought by the Decedents’ former children*

Obtained $4.9 million settlement representing widow against a former corporate trustee over its mismanagement and oversight of the sale of the trust’s primary asset, the widow’s marital residence and the trustee’s subsequent failure to distribute the sale proceeds*

Represented co-personal representatives in probate and trust proceedings pending in multiple states as contentious litigation took place between and among family members of the decedent over a multimillion-dollar estate and trust. Assisted the co-personal representatives in resolving the litigation and guiding the estate through complex issues arising from an Internal Revenue Service audit of the estate’s Form 706 Estate Tax Return*

Represented a US charity in resolving litigation over a charitable bequest, resulting in a multimillion-dollar settlement to the charity*

*Matter handled prior to joining the McDermott.

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• American College of Trust & Estate Counsel (ACTEC)
  • Fiduciary Litigation Committee, member
  • Amicus Brief Review Committee, member
  • Communications Committee, member
• American Bar Association, Real Property, Trust & Estate Law Section
  • Ethics & Malpractice Committee, Vice-Chair, 2014-2017; Chair, 2018; Co-Chair, 2020
  • Probate & Fiduciary Litigation Committee, co-chair
• California Lawyers Association
  • Trusts & Estates Executive Committee, 2018 – 2024
  • Trusts & Estates Quarterly, Editor-in-Chief, 2023

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