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:
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
Henry Luce Foundation Scholarship to Australian National University, Canberra, 1999
J.D., University of California, Hastings College of the Law, 2012
Ph.D., Stanford University, 2001
M.A., University of Wisconsin-Madison, 1995
B.A., Vassar College, Poughkeepsie, 1993
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,…
On February 22, 2023, Ryan Abernethy secured a demurrer as to all causes of action in a consumer class action that was brought on behalf of all those who purchased services from our client. The court found that the complaint failed to articulate a cognizable theory of liability that could…
Weintraub Tobin is pleased to announce that 28 of its attorneys have been selected for inclusion in the Top Lawyers 2022 list from Sacramento Magazine. Ten of the listed Weintraub attorneys are recognized in multiple practice areas. The Top Lawyers list, featured each year by Sacramento Magazine, recognizes prominent attorneys in the…
Weintraub Tobin is pleased to announce that attorney Ryan Abernethy has been elected Vice President of the Board of Directors for the Stanford Settlement Neighborhood Center. Stanford Settlement is a Sacramento not-for-profit social service organization serving neighborhoods where opportunities are limited. The mission of the agency is to help build…
After obtaining summary judgment at the district court earlier this year in an employment lawsuit, Paul Gaspari, Daniel Zamora, and Ryan Abernethy prevailed in the 9th Circuit appeal to the dismissal. The 9th Circuit’s judgment sets favorable precedent for religious employers as it broadly applies the ministerial exception under the…
Weintraub Tobin is pleased to announce that 26 of its attorneys have been recognized as 2021 Top Lawyers by Sacramento Magazine, including 8 attorneys recognized in multiple practices. Voting for Top Lawyers was managed by Professional Research Services and was open to all licensed attorneys in Sacramento. Voters were asked…
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…
Ryan Abernethy is featured in the 2019 issue of Northern California Super Lawyers Magazine. In a section called “Prior Practice” Ryan discusses his early career in animation and how he uses his creativity in his practice of law. “Being a trial attorney is a bit of a performance that requires…
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 Tobin’s Labor & Employment Law Blog has been recognized in PerformYard’s “Top 10 HR Blogs for Practical Advice in 2018”. The L&E blog “provides an incredible service for HR professionals, with regular updates and insights on changes to employment law.” Congratulations to all our wonderful attorneys for providing fresh interesting…
