Carlena L. Tapella
Shareholder
Experience
Carlena Tapella is a shareholder and serves as Chair of the Firm’s Trusts & Estates practice group. Her practice encompasses all areas of Trust, Estate, & 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 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 can no longer manage finances or 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. In addition, 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. In addition, 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.
37 Weintraub Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars Lists; Firm Retains Highest Percentage of Sacramento Top 25 List
Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California. In addition,
35 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,
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,
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,
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.
So, You’re the Trustee of an Estate…Now What?
An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility before being named in a Trust.
Governor Gavin Newsom Signs Sweeping Conservatorship Reform Bill
On September 30, 2021, Governor Gavin Newsom signed California AB 1194 amending numerous statutes pertaining to conservatorships. The following are highlights: Internet Posting of Fees of Licensed Professional Fiduciary: On or before January 1,
Don’t Skimp on The Facts – Failure of Fiduciaries to Make Full Disclosure of Matters Set Forth in an Accounting May be Considered Fraud
In the recently published case of Hudson v. Foster, 2021 Cal.App. LEXIS 737, the Court of Appeal for the Second Appellate District, Division Five, determined that a former conservatee who discovered that certain transactions in his conservator’s previously approved accounting were falsely reported,
Bringing Down the Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting
As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when properly requested,
But I’m Too Young to Have a Will!
Planning for the end of one’s life, or potential incapacity, is probably something an individual in their 20’s, 30’s, or even 40’s does not want to contemplate. Even those in their later years might find it a difficult topic to discuss.
Lest We Forget, Conservatees Have Personal Rights
Conservatorship proceedings are commenced for a variety of reasons, but the most common circumstance is when an elderly person requires assistance, either with their medical care, or their financial affairs, or both,
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.
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,
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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