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Browse below for news, legal insights, information on presentations and events, and other resources from the Weintraub Tobin legal team.


Before the Lawsuit: A California Professional Fiduciary’s Guide to Managing Litigation Risk

Professional fiduciaries are hired for their expertise, experience, and neutrality. Courts precisely appoint professional fiduciaries because of familial strife and complex administrations. Yet, time and time again, skilled professional fiduciaries walk straight into costly litigation; not because they were dishonest, not because they were negligent, but because they did not fully understand the probate hurdles they were navigating or the standard for which California courts hold them.

For licensed professional fiduciaries in California, this article serves as a guide to understanding litigation exposure, building the right professional relationships, and executing a proactive strategy before the first complaint letter ever arrives.

Silver Targets: The Financial Exploitation of California’s Elders and How to Prevent Elder Abuse

Financial elder abuse is one of the least reported and misunderstood issues affecting families in California. Despite not always looking like theft, it often begins with small, seemingly innocuous shifts. Common patterns include: a senior who stops discussing money, a caregiver who starts attending every appointment, or an estate plan that is quietly revised without talking to the family. By the time financial elder abuse is recognizable, significant assets are likely gone. To protect the elderly and what they have worked so hard to build, we must understand financial elder abuse, the signs, remedies, and how to respond. Prompt response is imperative.

California Trust Litigation: How To Lose a Trust In Seven Ways

Trust litigation frequently leads to prolonged conflict and substantial expense, eroding the value of California trusts and estates over time. These losses diminish funds that would otherwise pass to beneficiaries. Trust disputes in California range widely in size, from hundreds of thousands to hundreds of millions of dollars. Regardless of the amount involved, many conflicts escalate into costly courtroom battles because trustees lack a clear understanding of their fiduciary duties or beneficiaries are unaware of their legal rights.

The California Trustee Survival Guide: Duties, Dangers and Defense

Being named a trustee in California is an honor that carries serious legal responsibilities because your actions determine whether families experience smooth trust administration or costly litigation. Understanding your fiduciary duties under California’s Probate Code isn’t optional: failure to comply can result in personal liability, removal from your position, and an obligation to reimburse the trust for losses you caused.  

Here is a guideline of the essential trustee duties every California fiduciary must know to understand trustee responsibilities, administer an estate with confidence, and avoid the mistakes that lead to costly beneficiary disputes and legal action. 

Navigating Business Interests as a Fiduciary in California

Administering a trust or probate estate is challenging enough—but what happens when you, as a private professional fiduciary, are tasked with managing a business interest? Whether you’re a professional trustee, conservator, or personal representative, stepping into the shoes of a business owner brings a host of unique legal and practical responsibilities. This article highlights what fiduciaries in California should consider when navigating business interests as part of a probate or trust 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. Occasionally, however, Trustees are surprised to find that they have been named. Regardless of how the role comes to you, the Trustor (sometimes called “Settlor,” “Grantor,” or “Trustmaker”) trusted you and believed you to be responsible. Selection as Trustee is an honor, but attorneys know that it can be quite an undertaking.

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, 2023, an individual licensed as a professional fiduciary (LPF) by the State of California, and who has an internet website, is required to post on their website a schedule or range of the LPF’s fees, including, but not limited to, the LPF’s hourly rate for services rendered.

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, or to provide an accounting if one is required under law.  The result is that the person seeking the accounting may be left with no alternative but to file a petition with the court for an order compelling the fiduciary to submit an accounting, most commonly by requesting that the accounting be filed within the court proceeding.