Board Certified Tax Law and Wills, Trusts & Estates Attorney
David M. Silberstein's practice involves wills, trusts, estates, taxation, business, real estate, corporate and partnership law. He advises clients how to structure their personal and financial lives to maximize planning opportunities for the preservation and transfer of personal and business wealth. David has advised numerous clients in complying with laws and regulations in the establishment, operation, and sale of businesses. His accounting background assists him in analyzing client financial information and providing legal advice.
David advises clients on pre-mortem (lifetime) and post-mortem estate and gift tax planning, succession planning, preparation and review of various documents and techniques, including wills, revocable trusts, charitable trusts, life insurance and other irrevocable trusts, partnerships, and the administration of trusts and estates after death (including probate). He assists clients in asset and stock purchases and sales, mergers, and other business transactions. David also advises clients on lifecycle events of businesses, from formation to dissolution, from acquisition to sale, from generation to generation. Entities take many forms, including corporations, partnerships, joint ventures, limited liability companies, limited liability partnerships, and limited liability limited partnerships.
He represents clients in connection with all aspects of probate in formal and summary administration procedures. David advises clients in connection with opening estates, administering estates, and closing estates, including settlement of estates and trusts and accountings.
David also advises clients on certain aspects of real estate matters involving purchases and sales, commercial and residential closings, leases, documentary stamp tax issues, deeds, and certain litigation matters.
He has authored and published numerous articles for various legal, accounting and business journals, and made numerous presentations for bar and accounting associations, legislative committees, and private business gatherings.
David is a member of the Florida Bar (since 1984), the Colorado Bar (since 1991), and the New Mexico Bar (since 1991). He is Board Certified by the Florida Bar in Tax Law and in Wills, Trusts, and Estates. David is a member of the Tax Section and Real Property Probate and Trust Law (RPPTL) Section of the Florida Bar. He is a former Chair of the Tax Certification Committee of the Florida Bar and is a former member of the Florida Bar Board of Legal Specialization and Education (BLSE). He is also a former member of the Executive Council of the RPPTL Section of the Florida Bar and the Executive Council of the Tax Section of the Florida Bar. As part of the RPPTL Executive Council, David was the Vice-Chair of the Insurance Committee, and a member of the Estate and Gift Tax Committee and various other committees. David previously served as the Chair of the Estate and Gift Tax Committee of the Florida Bar Tax Section. He is a member of the Southwest Florida Estate Planning Council. David is a past Chair of the Florida Law Network. He is also a member of the Colorado Bar Association and the Sarasota County Bar Association.
David has been recognized as a Florida Trend Legal Elite Wills, Trusts and Estates Attorney in 2021. He has been a Florida Super Lawyer continuously each year since 2006 in Estate Planning and Probate. The Florida Trend Legal Elite recognition is awarded to the top 1.3% of attorneys and the Florida Super Lawyer designation is awarded to the top 5% of attorneys. Both of these recognitions are based on peer reviews by other attorneys.
David was a past member of the Board of Directors (and its Executive Committee as the Parliamentarian) of Temple Beth Sholom (2000-2006), and of the Board of Directors (and its Executive Committee as Parliamentarian) of the Southwest Florida Chapter of the American Red Cross (1994-2000).
David was born in Jacksonville, Florida. He attended the University of Florida, where he received his Bachelor of Science in Accounting (B.S.A.C., 1981), Juris Doctor (J.D., 1984), and Master of Laws in Taxation (LL.M., 1985). David has also passed the Certified Public Accounting exam.
He has received an AV rating from Martindale-Hubbell and is a member of MENSA.
Certifications
- Florida Bar Board Certified in Tax Law
- Florida Bar Board Certified in Wills, Trusts & Estates
Awards/Designations
- Florida Trend 2021 Legal Elite Wills, Trusts and Estates Attorney
- Florida Super Lawyer - Estate Planning and Probate (2006 - Present)
Practice Areas
- Estate Planning
- Transfer Tax Planning, including Estate Tax, Gift Tax, and Generation Skipping Transfer Tax
- Document Preparation, including Last Wills and Testaments, Revocable Trusts, Irrevocable Trusts, Durable Powers of Attorney, Designations of Health Care Surrogates, Living Will Declarations, and Declarations of Preneed Guardians
- Estate Tax Returns (Form 706)
- Probate
- Trust Administration
- Corporations, Partnerships, LLCs, LLPs, and related taxation
- Real Estate Purchase and Sales, Leases, Deeds and Documentary Stamp Taxes
Education
- Masters in Tax Law (LL.M. Tax, 1985, University of Florida)
- Law (J.D. with honors, 1984, University of Florida)
- Accounting (B.S.A.C. with honors, 1981, University of Florida)
Memberships
- Florida Bar (since 1984)
- Colorado Bar (since 1991)
- New Mexico Bar (since 1991)
- Florida Bar Board of Legal Specialization and Education (BLSE) (2008-2014)
- Florida Bar Tax Section
- Real Property Probate and Trust Law Section
- Past Chair, Tax Section Estate and Gift Tax Committee
- Tax Certification Committee of the Florida Bar (2004, 2008); Chair (2007-2008)
- Past Member of the Executive Council of the Florida Bar, Real Property Probate and Trust Law Section
- Colorado Bar Association
- Sarasota County Bar Association
- Past Chair, Florida Law Network (2006-2007)
- MENSA
- Temple Beth Sholom Board of Directors, Parliamentarian and Executive Committee (2000-2006)
- Southwest Florida Chapter of the American Red Cross Board of Directors, Parliamentarian and Executive Committee (1994-2000)