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 former member of the Trusts and Estates Executive Committee of the California Lawyers Association (TEXCOM), where she served as Chair of the Incapacity Committee and as Chair of the Conservatorship Legislation 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
Member
California Lawyers Association, Trusts and Estates Executive Committee
Former Member, 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
Awards
Jurisprudence Award in Professional Responsibility and Decedents’ Estates and Trust
Sactown Magazine’s Top Lawyers List, 2019, 2023, 2024 – Estate Planning & Probate
Northern California Super Lawyers, 2019-2020, 2022-2024
J.D., University of the Pacific, McGeorge School of Law
On October 28, 2021, the Professional Fiduciary Association’s Sacramento Chapter held a meeting titled “Best Practices for Fiduciaries,” led by Weintraub attorney Mary deLeo. Attorneys Carlena Tapella was a presenter. The presentation covered the best practices for fiduciaries to follow in fulfilling fiduciary obligations as trustees, conservators, and agents. Highlights included…
Weintraub attorneys Carlena Tapella and Kelly Dankbar 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. Event: 2019 Probate Litigation Boot CampWhen: Tuesday, September 17, 8:00 AM – 5:00 PMWhere: Sacramento County Bar Association,…
Weintraub Tobin is pleased to announce that 45 of the Firm’s attorneys have been recognized on the 2024 Northern California Super Lawyers® and Rising Star lists. These lists, selected annually on a state-by-state basis, recognize outstanding attorneys who have attained a high degree of peer recognition and professional achievement in…
In honor of International Women’s Day, Weintraub Tobin celebrates four women who have recently moved into prominent leadership positions in the California Law Firm: Jessica Marlow, elected to the Firm’s Board of Directors; Jeanne Vance as an ex officio member of the Board of Directors; Tara Sattler as Marketing Shareholder;…
Weintraub Tobin is pleased to announce that 31 of its attorneys have been selected to the 2023 Sacramento Magazine Top Lawyers list. Weintraub’s attorneys are recognized in various categories, including Business/Corporate law, Employment & Labor law, Estate Planning & Probate law, and Real Estate law. The complete roster of Weintraub…
Weintraub Tobin is pleased to announce that 47 of the Firm’s attorneys have been selected to the 2023 Northern California Super Lawyers® and Rising Star lists. These lists, selected annually on a state-by-state basis, recognize outstanding attorneys who have attained a high degree of peer recognition and professional achievement in…
Weintraub Tobin is pleased to announce that 37 of its attorneys have been recognized on the 2022 Northern California Super Lawyers® and Rising Stars lists. Several Weintraub attorneys also received special recognition on Super Lawyers “Top” lists, including six attorneys named to the Sacramento Top 25 Super Lawyers (Gary L.…
Weintraub is pleased to announce that Carlena L. Tapella and Shaun Gordon have been elected shareholders in the Firm. Carlena Tapella chairs the Trusts and Estates practice group, where her practice encompasses all areas of trust, estate, and conservatorship litigation and administration. She represents clients in litigation including seeking and…
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, 4 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 16 percent…
Weintraub Tobin is pleased to announce that 33 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California. In addition, 5 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 20 percent of…
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, 6 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Attorneys selected to the…
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, 2019 issue of Sacramento Magazine. Weintraub Tobin attorneys honored as 2019 Top Lawyers are: David Adams |…
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.
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…
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…
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…
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…
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, and that individual does not have an alternative in place which would eliminate the need for a conservatorship.…
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. California’s…
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, reprinted by permission. In 2018, the Michigan Court of Appeals determined that an electronic…
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. One primary concern may be whether there is going to…
