David M. Garten

THE LAW OFFICE OF DAVID M. GARTEN...

Mr. Garten's cases run the full spectrum, from multi-million dollar Will/Trust contests to much smaller disputes. Mr. Garten recognizes that his most important function is to understand the complete range of legal, factual, financial, tax and personal issues that each case presents. He then develops and executes an effective plan to maximize his client's goals. With these goals in mind, Mr. Garten is able to provide high quality, cost effective and personalized service that each client expects and deserves.

TYPICAL PROBATE/TRUST/GUARDIANSHIP LITIGATION CASES

* Client's 85 year old, demented mother is unduly influenced into changing her Will and leaving everything to her 45 year old male nurse. Client files a petition to revoke probate of the Will and sues the nurse for Exploitation and punitive damages.

* The value of an estate is substantially reduced due to a substantial drop in the stock market. The beneficiaries sue the personal representative for surcharge resulting from his failure to properly diversify estate assets.

* The settlor of a large trust is suffering from Alzheimer's disease. Settlor's nephew defrauds her into give him $1M from the trust. After the settlor's death, the trustee sues the nephew for the $1M.

* Children by a former marriage sue their stepmother for unduly influencing their father into changing the title on his bank/brokerage accounts to tenants by the entireties.

* Client files for guardianship over her 80 year old grandfather to prevent him from squandering his money and to assist with his care. Grandfather retains an attorney to fight the guardianship.

* A beneficiary of an estate wants her money prior to the estate being closed. She retains an attorney to file a petition to compel distribution of her share of the estate assets.

* Client petitions the court to be personal representative of her deceased father's estate. Client's brother objects to the petition and files his own petition to be personal representative.

* Clients receive substantial assets from their aunt prior to her incapacity and guardianship. The guardian subsequently sues clients to recover the assets allegedly taken during the ward's incapacity.

* Clients are placed on their father's bank accounts as joint tenants with right of survivorship. After their father's death, the personal representative of the estate sues clients to recover the money in the joint accounts to help pay the estate taxes.

* Client is sued by the personal representative to recover the value of a personal check written by the decedent the day prior to his death and cashed two days after death.

* Client is in possession of a letter from the decedent leaving her a valuable painting. The letter is not referenced in either the Will or the Trust. Client files a claim against the estate to recover the painting.

* Bank is the trustee of a substantial trust. Bank is sued by the trust beneficiaries for making improper distributions of trust assets.

* Client is the successor trustee of a trust. The prior trustee improperly borrowed $100,000 from the trust and never returned the money. Client is sued by a beneficiary for the prior trustee's actions.

* Client is the trustee of a trust. Client relies on his accountant's negligent advise in preparing the trust's tax return. The trust incurs substantial tax penalties and client is sued by the beneficiaries to recover those penalties.

* Client is the health care surrogate and attorney-in-fact for his wealthy entertainer father who is suffering from Alzheimer's disease. Client's father is being cared for at home by a personal physician and two health care surrogates 24:7. Client's sister sues to have her father placed in Hospice.

* Client's father is killed by her brother who stands to inherit $50M. Client sues brother to prevent him from recovering any inheritance.

* Client's wife is suffering from Alzheimer's disease. Her niece files for a guardianship. Client argues that a guardianship is not necessary because he is the health care surrogate and all of his wife's assets are in trust.

* Beneficiaries sue to amend an irrevocable trust to provide for an accelerated distribution of trust assets and termination of the generation skipping trust established for their children.

* Client's child dies. The bulk of his estate consists of stock owned by child's father. Father and mother are divorced. Father is the personal representative of child's estate and refuses to distribute ½ of the stock to client.

* Bank and is owed $2M on an unsecured loan. Debtor dies and Bank fails to make a timely claim against the estate and may lose the right to recover the $2M.

* Client's grandmother dies. Client sues her father for unduly influencing her grandmother into changing the beneficiary designation on her life insurance policy while she was in the hospital suffering from a broken hip.


* The ward's guardian petitions the court to create a trust for estate planning purposes.

* University is the beneficiary of a $20M trust. Settlor amends his trust and deletes the University as a beneficiary. The University sues to recover the money it would have received under the prior trust.

* The decedent's spouse is named as a beneficiary under her husband's will. Spouse declines to take under the will and files a petition for determination of elective share.

* The trustee is sued by the remainder beneficiaries for maladministering the trust over the last 30 years.

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Mr. Garten has spent the past 20 years concentrating his practice on the representation of beneficiaries and fiduciaries in a wide array of Will/Trust/Guardianship litigation issues. Allow us to put our vast resources and experience to successfully work for you and your clients.