David Gerszewski

My name is David Gerszewski and I am an Estate Planning Attorney and Tax Lawyer. I was born and raised in North Dakota and first moved to Arizona in 1992 to pursue graduate studies in applied statistics at Arizona State University. My first career working for Wall Street investment banks and hedge funds took me to New York and then to London for almost 20 years. After leaving institutional finance, I moved to Florianópolis in South America where I developed a restaurant franchise concept that spread throughout southern Brazil.

I again made Arizona my home in 2014 and now operate the Citadel Law Firm ® based in Chandler serving east valley clients in estate planning, wills and trusts, and tax law. Our law practice designs personalized estate, business, retirement, and tax planning strategies for clients, which are designed to coordinate with clients’ existing investments, pensions, life insurance, and annuities. Through a legally distinct financial planning entity that is not a law firm, our clients may also receive guidance on investment management and life insurance retirement planning (“IMLIRP”) strategies.

I draw on extensive commercial and international experience to represent clients developing new businesses, protecting intellectual property (trademarks, copyrights, and patents), planning for business succession, and resolving related legal issues as they arise.

We approach our clients like family. My unique background across several industries in investment banking, investment management, small business entrepreneurship, tax, and law allows me to provide comprehensive, coordinated, and optimized solutions tailored to clients, their families, and their businesses. This coordinated approach for most clients results in financial security, peace of mind, and a clear understanding of the resources that will be available when difficult times arise.

Please contact me to arrange an appointment to discuss your matter.

Sincerely,

David Gerszewski

• Free Consultation
• Credit Cards Accepted
  All major credit cards are accepted.
• Contingent Fees
  We take cases on contingency but only for intellectual property

Arizona

Since 2016

Colorado

Since 2016

Minnesota

Since 2016

North Dakota

Since 2016

8th Circuit

Since 2016

9th Circuit

Since 2016

10th Circuit

Since 2016

United States Tax Court

Since 2016

Arizona State University

M.S. | M.S. in Decision and Information Systems

University of Denver

B.S. | B.S. in Decision Sciences

Arizona State University

J.D. | Juris Doctor

2013 - 2015

Best of Thervo 2019

Thervo

2019

State Bar of Arizona  # 033080

Member

Current

State Bar Admission - Arizona

Citadel Law Firm

State Bar Admission - Colorado

Citadel Law Firm

State Bar Admission - North Dakota

Citadel Law Firm

State Bar Admission - Minnesota

Citadel Law Firm

Q. What steps to take if a trust cannot be found after the deaths in Arizona?

February 25, 2025

A: In Arizona, if someone passed away more than two years ago and left behind more than $75,000 in personal property or $100,000 in real property, a probate is generally required. This situation is more complex than usual, so I strongly recommend reaching out to a probate attorney who can help you navigate the process and resolve any issues. It is likely that her son's estate will be the primary beneficiary. After that, Arizona's inheritance laws will determine how the remaining assets are distributed to other relatives.

The cost of probate in Arizona typically ranges from $5,000 to $10,000, which includes attorney and court fees. These expenses are generally paid from the estate's assets. However, if the estate's value is below the threshold for probate, a small estate affidavit process might be an option. Given the complexity of this matter, consulting with a probate attorney is crucial to determine the best course of action for your specific situation. ... Read More

Q. in the state of Arizona can a conservatorship be set up as temporary rather than permanent when a minor is 16 1/2 years

February 7, 2025

A: Generally speaking, in Arizona, a temporary conservatorship or a trust can be set up instead of a permanent conservatorship for a minor receiving a one-time insurance settlement. Since the minor is 16 ½, a permanent conservatorship for just 18 months may be unnecessary.

Alternative Options

- Temporary Conservatorship – Courts allow short-term conservatorships under A.R.S. § 14-5401.01 if there’s an urgent need to manage the funds.

- Restricted Account – The court may approve placing funds in a restricted bank account until the minor turns 18, avoiding ongoing supervision.

- Trust Instead of Conservatorship – A Minor’s Settlement Trust or Revocable Trust can manage the funds without court oversight, allowing for structured payouts rather than a lump sum at 18.

Why a Trust Might Be Better

- Avoids court supervision

- Allows controlled distributions

- Provides tax and asset protection

Since every case is unique, it’s best to consult an Arizona estate planning attorney to determine the best approach for the minor’s settlement. ... Read More

Q. Parent passed away. Trust states to divide assets amongst children. There are debts.

November 18, 2024

A: Generally speaking creditors and taxes (IRS) have to be paid before any distributions can be made. That is true for a Trust based plan or a will based plan in Arizona.