Danielle F. Diebert

Senior Attorney


Sacramento

916.558.6077

Danielle is a senior attorney in the Firm’s Trusts and Estates practice group.

She is certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Estate Planning, Trust and Probate Law. She represents individuals, corporate fiduciaries, and professional fiduciaries throughout the State of California in all aspects of trust and estate administration, with a special focus on trust and estate litigation.

Danielle has successfully defended fiduciaries from claims of breach of fiduciary duty and removed fiduciaries for breach of fiduciary duty. She has experience in both defending and challenging fiduciary accountings all the way through trial. Danielle’s litigation experience often relates to nuanced areas of the law, and she particularly enjoys strategizing with clients on complex trust and estate matters to obtain the best results. Danielle has handled a myriad of cases relating to the interpretation of complex wills, trusts, and other testamentary instruments that have resulted in successful resolutions both in court and via settlement.

Danielle listens to her clients with an understanding that these disputes can be challenging to navigate not only because of litigation but also in dealing with the death or incapacity of a family member. She serves as a strong advocate for her clients through trial, while at the same time, she is adept at finding common ground for resolution.

Danielle earned her J.D. with distinction from the University of the Pacific McGeorge School of Law, and graduated as a member of the Roger J. Traynor Honor Society for academic achievement. During law school, Danielle was active in the Phi Delta Phi Honor Society and served in multiple officer positions including as Magister of Shields Inn.

Representative Matters:

  • Summarily disposed of trust contest via demurrer which was sustained without leave to amend.
  • Summarily disposed of contract to make a will claims via demurrers which were sustained without leave to amend.
  • Summarily disposed of trust contest via motion for summary adjudication.
  • Summarily disposed of motion to enforce settlement agreement via demurrer which was sustained without leave to amend.
  • Recovered numerous trust properties pursuant to Probate Code section 850.
  • Obtained judgments awarding double damages and attorneys’ fees under Probate Code section 859.
  • Obtained a judgment of financial abuse of an elder on behalf of a conservator of the estate, including damages for bad faith.
  • Successfully defended trustees with respect to accounting disputes.
  • Successfully defended trustees with respect to breach of fiduciary duty claims.
  • Successfully compelled trustees to provide accountings and additional information on behalf of beneficiaries.
  • Negotiated settlements regarding trust contests, distribution disputes, and fiduciary removal.
  • Negotiated settlements regarding fiduciary removal, modification or termination of irrevocable trusts, and accounting disputes.
  • Successfully defended exercise of an option to purchase real property.
  • Aided in multiple trials regarding defense to accountings of trustees and actions for surcharge.
  • Defended litigation opposing client’s appointment as conservator and seeking to remove client as an agent under power of attorney.
  • Obtained an order enforcing a settlement agreement under Code of Civil Procedure section 664.6.
  • Obtained elder abuse restraining orders on behalf of a conservator and a conservatee.
  • Obtained substituted judgment for a conservatee who was judicially determined to have been financially abused by her son.

State Bar of California, Trust and Estates Section
Member

Sacramento County Bar Association, Probate and Estate Planning Section
Member
Probate and Estate Planning Section Treasurer (2020)
Probate and Estate Planning Section Secretary (2021)

State Bar of California Board of Legal Specialization 
Estate Planning, Trust and Probate Law Certified Specialist 

Probate and Estate Planning section for SCBA
Probate and Estate Planning Section Vice Chair (2022)

Sacramento Estate Planning Council
Board Member

Phi Delta Phi Honor Society
Member and Former Magister of Shields Inn

Awards

Northern California Super Lawyers – Rising Star, 2018 – 2022

Best Lawyers in America®, “Ones to Watch”, 2022, 2023, Litigation – Trusts and Estates, Trusts and Estates

J.D. with Distinction, University of the Pacific, McGeorge School of Law, 2012

B.S. in Economics, Concentration: Real Estate, Minor in Business Administration, Cal Poly San Luis Obispo, 2009

WT Wins: Weintraub Awarded $1.5M Judgment in Elder Abuse Litigation

Danielle Diebert obtained a judgment of approximately $1.5 million at trial on behalf of our client as conservator of the estate. The court determined that the conservatee’s son had misappropriated assets belonging to the conservatee, including her real properties, in bad faith and through the commission of elder financial abuse. …

35 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, 4 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 16 percent…

33 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 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…

37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer. Weintraub Tobin attorneys named to the 2018 Southern California…