Carlena L. Tapella

Of Counsel


Experience

Carlena Tapella is Of Counsel in the firm’s Trusts and Estates practice group. Her practice encompasses all areas of trust, estate, and conservatorship litigation and administration.

Carlena has successfully represented clients in a wide range of trust and estate litigation, including challenging and defending the validity of wills and trusts, seeking and defending fiduciary removal, and pursuing and defending claims of breach of fiduciary duty and elder financial abuse. She has also successfully represented clients in contested conservatorship matters, including appointment, administration, and accountings.

In addition to her litigation practice, Carlena regularly counsels her clients in properly navigating the unfamiliar waters of administering trusts and estates after the death of a loved one. She also understands the difficulties of assisting a family member who is no longer able to manage finances or to provide for their personal needs and has represented numerous clients in establishing a conservatorship and advising the client in the proper administration of a conservatorship estate.

Carlena believes in working with clients to attempt to resolve disputes through mediation, but is prepared to aggressively pursue a matter to trial should such attempts prove unsuccessful.

Carlena received her J.D. degree, With Distinction, from the University of the Pacific, McGeorge School of Law, where she was admitted as a member of the Traynor Society and the Order of the Coif. She also was awarded the American Jurisprudence Award in Professional Responsibility and Decedents’ Estates and Trusts. Carlena was co-recipient of the Moot Court Award, Outstanding Student Advocate, in Written Competition.

Carlena is a member of the Trusts and Estates Executive Committee of the California Lawyers Association, where she serves as Chair of the Incapacity Committee and Co-Editor in Chief of the Trusts and Estates Quarterly. She is a past President of the Sacramento County Bar Association Probate Section.

She has done presentations on postmortem trust administration, conservatorship basics, the basics of estate administration, financial elder abuse, collection of fees, and managing a trusts and estates law practice. Carlena also was a contributor for The Sacramento Bee’s feature column Ask the Experts.

California Lawyers Association, Trusts and Estates Section

California Lawyers Association, Trusts and Estates Executive Committee, Member (2015 to current), Chair, Litigation Committee (2018-2019), Co-Executive Editor, The Quarterly (2018-2019)

California Lawyers Association, Marketing and Communications Committee, Past Member (2018-2019)

Sacramento County Bar Association, Probate and Estate Planning Section, Past Chair

San Joaquin County Estate Planning Council, Member

Los Angeles County Bar Association, Member

Jurisprudence Award in Professional Responsibility and Decedents’ Estates and Trust

Sacramento Magazine’s Top Lawyers List, 2019- Estate Planning and Probate

Northern California Super Lawyers, 2019-2020

J.D., University of the Pacific,
McGeorge School of Law

SCBA Probate & Estate Planning Section Boot Camp

  Weintraub attorneys Carlena Tapella, Kelly Dankbar, and Leslie Kolafa will be speaking on the topic of “Recovery of Attorneys’ Fees” at the 2019 Probate Litigation Boot Camp sponsored by the Sacramento County Bar Association.

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36 Weintraub Tobin Attorneys Named to 2020 Northern California Super Lawyers and Rising Stars Lists; Retain Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 36 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition,

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31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California.  In addition,

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2019

  Weintraub is pleased to announce that 24 of the firm’s attorneys have been recognized as 2019 Top Lawyers by Sacramento Magazine.  The full list of 2019 Top Lawyers will be featured in the August,

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Carlena L. Tapella Joins Weintraub

Weintraub is pleased to welcome Carlena Tapella to our Trusts and Estates Group, where her practice includes a wide spectrum of trust, estate, and conservatorship litigation and administration.

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With Right of Survivorship – or Perhaps Not?

In advising clients regarding the rights afforded to joint tenants on a bank account, most practitioners would say that the agreement with the financial institution generally would control, with the surviving joint tenant succeeding to the funds remaining in the account on the death of the other joint tenant.

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Shall We Check His Text Messages? The Growing Trend of Creating Wills in the Digital Age

Co-Authors: Thomas W. Shaver, Esq., John M. Andersen, Esq., and Agnieszka K. Adams California Trusts and Estates Quarterly This article was first published in Volume 26, Issue 1, 2020 of the California Trusts and Estates Quarterly,

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There’s No Place Like Home – Heightened Evidentiary Standard for Moving Conservatees from Their Personal Residence

Frequently when a conservatorship proceeding is commenced, the proposed conservatee is residing in his or her personal residence. Having a conservatorship established can be a distressing experience for a conservatee who has awareness of the effect of such a proceeding.

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