Evan D. Winet is Of Counsel in Weintraub Tobin’s Trusts & Estates Litigation practice group.
Evan represents beneficiaries and fiduciaries in all aspects of trusts and estates litigation, including trust and will contests, actions involving recovery of property related to a trust or estate, financial elder abuse actions, fiduciary litigation, conservatorships, guardianships, and heirship proceedings. He has a particular passion for working through difficult family dynamics to settle disputes before they get out of hand. However, when parties can’t or won’t settle, Evan zealously represents his clients through trial and appeal. He appears regularly in courts throughout California and has advocated successfully for his clients in proceedings ranging from short evidentiary hearings to multi-week bench trials.
Evan speaks and publishes frequently on topics relating to trusts and estates litigation and is an annual update editor of the California Trust and Probate Litigation Practice Guide (published by CEB). He is a member of the Incapacity Committee of the Trusts and Estates Executive Committee for the California Bar (TEXCOM).
Evan holds a J.D. degree from UC Law San Francisco (formerly UC Hastings College of the Law), a Ph.D. from Stanford University, an M.A. from the University of Wisconsin at Madison, and a B.A. from Vassar College in New York. He is a former university professor, William J. Fulbright scholar and Henry Luce Foundation fellow. He is a California native, lives in Berkeley with his two sons, and may be seen from time to time acting (usually Shakespeare) on Bay Area stages.
Publications:
“Elusive Lucidities: Eyford v. Nord and California’s Delusion Doctrine,” California Trusts and Estates Quarterly 29:1 (Winter 2023), 28-38.
“After Beckwith: An Update On The Interference With Inheritance Tort in California,” California Trusts and Estates Quarterly 27:2 (Spring 2021), 23-34.
“Undue Influence: The Gap Between Current Law And Scientific Approaches To Decision-Making and Persuasion,” with Dominic J. Campisi and Jake Calvert, ACTEC Law Journal 43:3 (2018), 359-84.
American Bar Association, Real Property, Trusts and Estates Section
Member
Incapacity Committee, Trusts and Estates Executive Committee (TEXCOM), California Lawyers Association
Member
Contra Costa and San Francisco Bar Associations
Member
East Bay Trust and Estates Lawyers
Member
Awards:
J.D., University of California, Hastings College of the Law, 2012
CALI/Witkin Awards for Excellence in Civil Procedure and Public International Law, 2011
Percy Towne Fellowship to Hastings College of the Law, 2009-2010
J. William Fulbright Senior Research Scholarship to Indonesia, 2007
Lila Wallace Foundation Grantee For Research in Syria, 2005
Ph.D., Stanford University, 2001
Henry Luce Foundation Scholarship to Australian National University, Canberra, 1999
M.A., University of Wisconsin-Madison, 1995
B.A., Vassar College, Poughkeepsie, 1993
Weintraub Tobin attorneys Gary Rothstein, Kelly Dankbar, and Evan Winet presented at the 29th Annual PFAC Educational Conference in San Diego, CA. The conference, which was held May 15-18, 2024, provided comprehensive education for professional fiduciaries. The presentation from Weintraub’s Trusts & Estates Group, titled “Maintaining Balance on A High…
On Thursday, August 1, 2024, the Weintraub Tobin Trusts and Estates litigation team won on a motion in Marin County to have a pro se party declared a vexatious litigant. A victory against serial litigators, the order puts the party on a list maintained by the California courts, and requires…
Weintraub Tobin is pleased to welcome Evan D. Winet as Of Counsel in the Firm’s Trusts & Estates practice group, where he represents beneficiaries and fiduciaries in all aspects of trusts and estates litigation, including trust and will contests, actions involving recovery of property related to a trust or estate,…
