Overview
Robert (“Robbie”) Barton represents individuals, families, charitable institutions and foundations, corporate trustees, and fiduciaries in litigation involving complex trusts and estates. He provides guidance on trust and estate administration, conservatorship and guardianship matters, and claims involving elder abuse. Robbie works with clients to develop creative and effective solutions that protect and advance their interests, representing them in high-profile and complex trust and estate disputes in federal, state, and tribal courts throughout the United States.
Widely recognized by his peers as a leading trusts and estates lawyer, Robbie has served on the California Lawyers Association’s Trusts and Estates Executive Committee and was the editor in chief for the Association’s Trusts and Estates Quarterly. Robbie is also the co-chair of the Probate and Fiduciary Litigation Committee as part of the American Bar Association’s Real Property, Trust and Estate Law Section and is an Articles Editor for Probate and Property magazine. He publishes and speaks on new laws and cutting-edge legal issues. Robbie is co-leader of the Firm’s Private Client Disputes Affinity Group.
Results
- 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
- 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.
Recognitions
- Best Lawyers in America, Litigation – Trusts and Estates, 2022, 2023, 2026
- Southern California Super Lawyers, Rising Star, 2015-2022, Super Lawyer 2022-2025
- Chambers High Net Worth, Private Wealth Disputes: California, 2018-2022 and 2025
- The Daily Journal, Top California Lawyers Under 40, 2018
- Probate & Property, American Bar Association, Real Property, Trust & Estate Law Section, Excellence in Writing Award: Best Cutting Edge Articles Trust & Estate, 2015
- American Bar Association, Real Property, Trust & Estate Law Section, Fellow, 2012-2014
Community
- 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
- Los Angeles County Bar Association
- Beverly Hills Bar Association
- US Court of Appeals, Ninth Circuit Pro Bono Panel, Pro Bono Counsel
- Autry Museum of the American West, member of the Board of Trustees
Credentials
Education
University of Minnesota Law School, JD
University of Wisconsin-Madison, BA, Political Science, History, American Indian Studies Certificate
Admissions
California
Minnesota
Wisconsin
Courts/Agencies
Supreme Court of California
Supreme Court of Minnesota
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the District of Columbia Circuit
US District Court for the Eastern District of Wisconsin
US District Court for the District of Columbia
US District Court for the Central District of California
San Manuel Tribal Court
US Tax Court