Trust and Estates Insights - Weintraub Tobin

Professional Fiduciaries and Financial Elder Abuse in Trust Administration: Detect, Protect, and Recover

Published: June 15, 2026

by Uri Grant
Trusts & Estates Legal Updates

A professional fiduciary occupies a position of remarkable trust. When a vulnerable adult places the management of their financial life in a professional fiduciary’s hands, that trust is legal, statutory, and in California, both licensed and regulated. When the threat to the beneficiary comes from a family member, a caregiver with access, or an advisor acting in bad faith, the professional fiduciary trustee must act.

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

Published: May 20, 2026

by Uri Grant
Trusts & Estates Legal Updates

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

Published: April 17, 2026

by Uri Grant
Trusts & Estates Legal Updates

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.

The California Trustee Survival Guide: Duties, Dangers and Defense

Published: February 12, 2026

by Uri Grant
Trusts & Estates Legal Updates

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

Published: May 22, 2025

by Kelly E. Dankbar, Lily M. Harris, Josiah M. Prendergast
Trusts & Estates Legal Updates

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.

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Published: October 27, 2023

by Ryan E. Abernethy
The Labor & Employment Law Blog

This article was first published in Volume 29, Issue 2, 2023 of the California Trusts and Estates Quarterly, reprinted by permission.

I. SYNOPSIS

Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as possible with the help of live-in caregivers and other staff, as needed. Although his wife, Donna, and his daughter, Taylor, tried to assist Ed on their own, Ed’s growing needs became more than they could handle. They decided to bring in a live-in caregiver, Paula, who was a family friend. Paula was loosely hired by all three of them. Ed and his wife, Donna, were trustees of their family revocable trust. Taylor was Ed’s acting agent under his advance healthcare directive. No written employment agreement was signed by the parties. Paula was expected to work a “standard” workday, Monday through Friday, but was expected to be “on-call” during the evenings, weekends, and holidays. The family verbally agreed to pay Paula $500 per week, which was more than she made at her last job, so she felt she was adequately compensated. Moreover, over the years, Ed repeatedly promised her that after he passed, his estate would be sure to “take care of her.” Based on this promise, Paula selflessly cared for Ed until he sadly passed away more than ten years later. She did not pursue any other employment, despite having a number of great opportunities.

So, You’re the Trustee of an Estate…Now What?

Published: October 27, 2021

by Carlena L. Tapella, Edward J. Corey, Jr., Gary D. Rothstein, Mary deLeo
Trusts & Estates Legal Updates

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

Published: October 6, 2021

by Carlena L. Tapella
Trusts & Estates Legal Updates

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.

Don’t Skimp on The Facts – Failure of Fiduciaries to Make Full Disclosure of Matters Set Forth in an Accounting May be Considered Fraud

Published: September 20, 2021

by Carlena L. Tapella

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, was under no obligation to comb through records to verify the truth of the representations made by the conservator in the accounting. The case is detailed with respect to the facts, but it puts fiduciaries on notice that full disclosure of material facts is required, and even slightly skewing the reporting of a transaction can be considered fraud.

Bringing Down the Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting

Published: August 10, 2021

by Carlena L. Tapella
Trusts & Estates Legal Updates

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.

Welcome to the Weintraub Tobin Resources Page

I. SYNOPSIS