An innovative provider of sophisticated legal services in over 45 practice areas.
Trusts & Estates
Weintraub Tobin’s exceptionally experienced Trusts and Estates attorneys practice throughout the Firm’s Northern and Southern California offices. Many members of the Group have concentrated their practices on Trusts and Estates for more than 20 years. Our Trusts and Estates attorneys focus on clients’ personal concerns as well as their estate planning, tax, and litigation goals. The top priority is to provide clients with the customized service they need and want.
Weintraub’s Trusts and Estates Group is well-known for its probate, trust, and conservatorship administration services. Our Trusts and Estates attorneys represent beneficiaries, executors, corporate, and individual trustees in all aspects of trust administration from initial funding through Probate Court representation, if needed. Weintraub attorneys counsel beneficiaries, fiduciaries, and creditors through all phases of contested and uncontested probate administration, and if an individual cannot manage his or her affairs, our attorneys can file for and establish conservatorships as well as provide conservators with representation on an ongoing basis.
Our Trusts and Estates Group assists a broad spectrum of fiduciaries, including institutional fiduciaries, family members, and licensed professionals. Our attorneys have decades of experience representing fiduciaries with probate, trust, or conservatorship administration, from the very basic to the highly complex, including tax matters that arise during probate.
When disputes arise involving an estate plan or the administration of a probate or trust, Weintraub has a team of dedicated litigators that assist clients with a full range of trust and probate controversies. Unlike general litigators, our team has deep expertise in the Probate Code and Probate Court procedures.
In addition to representing clients in contested matters, our Trusts and Estates litigators have extensive experience with Alternative Dispute Resolution, including mediation and arbitration. This experience includes serving as mediators and arbitrators as well as representing clients in trust and estate disputes, breach of fiduciary duty claims, contested conservatorships, and elder financial abuse matters.
Weintraub estate planners combine careful analysis and advice on the latest developments in federal and state tax policies in order to meet client objectives and maximize financial benefits in estate and personal tax planning. Our attorneys provide representation on any tax controversies that might arise, including audits and tax court proceedings. Our estate planning attorneys assist clients with retirement planning, business succession planning, asset protection, and entity formation issues.
On Wednesday, September 10th, Weintraub attorneys David Diepenbrock and Carly Moran will host a training session for the Sacramento chapter of Financial Executives International’s (FEI) CFO professional development series. This session, titled “Executive Presence & Power: Litigation Strategy,” will provide CFOs with practical guidance on navigating legal proceedings that may…
On September 5th, 2025, Weintraub *Certified Appellate Law Specialist Brendan J. Begley presented at the Placer County Bar Association’s Annual MCLE Conference in Roseville. This two-day event featured various substantive classes, including trial advocacy, appeals, Generative A.I. (Ethics), Competency (The Other Bar), new Ethics rules, Implicit Bias, and technology. There…
On May 8th, Weintraub attorneys Kelly E. Dankbar, Lily M. Harris, and Josiah M. Prendergast presented at the 30th Annual PFAC Educational Conference at Disneyland Resort in Anaheim. The event, hosted by the Professional Fiduciary Association of California (PFAC,) provided comprehensive education and networking opportunities for professional fiduciaries. Their presentation,…
When:
May 8, 2025
10:30 am PDT
Where:30th Annual PFAC Educational Conference at the Disneyland Resort in Anaheim, CA
On October 22, Weintraub shareholder Gary D. Rothstein will give a presentation on “Performing Due Diligence in New Trust Intake” to California and Nevada members of the Private Wealth Management (PWM) team of a national bank. The presentation aims to help to educate fiduciaries and financial advisors on important steps that…
On May 21, 2024, Jeanne Vance and Anders Bostrom presented an MCLE webinar with the Probate and Estate Planning Law Section of the Sacramento County Bar Association (SCBA) on, “The Corporate Transparency Act: Overview and Recent Developments.” The presentation offered an overview of the Corporate Transparency Act, with specific regard…
Weintraub Tobin attorneys Gary Rothstein and Kelly Dankbar 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 Wire: Managing…
On October 18th, Weintraub shareholder Gary D. Rothstein presented Performing Due Diligence in New Trust Intake for Bank of America Trust Services, where he examined various types of provisions in a trust document to be reviewed by prospective trustees and discussed other factors worth considering, such as family/beneficiary factors, and…
From May 4-7, 2022, the Professional Fiduciary Association of California (PFAC) hosted its 27th Annual Educational Conference at the Disneyland Resort in Anaheim, CA. Weintraub Trusts & Estates attorneys Edward J. Corey, Jr., Mary deLeo, Daniel C. Kim, and Gary D. Rothstein presented on the topic of Litigation and the…
On March 17, 2022, the Professional Fiduciary Association’s Sacramento Chapter held a meeting titled “Recent and Proposed Developments in Conservatorship Law,” led by Weintraub attorney Mary deLeo. The presentation covered proposed developments in conservatorship law, including updates to the disposition of property, care plans, and sale of personal property.
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…
On Tuesday, April 28, Weintraub attorney Ryan E. Abernethy is presenting a webinar hosted by the California Lawyers Association. Summary:In fulfilling their fiduciary obligations, trustees, conservators, and other fiduciaries are often thrust into situations where they are required to act as an employer. From managing caretakers, issuing paychecks, and setting schedules…
Weintraub Tobin is proud to share that the Firm has been recognized for excellence in the 2026 edition of Best Law Firms®, earning multiple Tier 1 placements across key practice areas. The Firm maintained all of its 2025 Tier 1 rankings and added several new or elevated distinctions. Weintraub was…
Weintraub Tobin is pleased to announce that Madeline C. Giles has joined the Trusts and Estates Section Executive Committee of the California Lawyers Association – or TEXCOM – as New Lawyers Section Liaison. Madeline is an associate in the Firm’s Trusts & Estates practice group, where she litigates contested conservatorships…
Weintraub Tobin is proud to share that two attorneys have been honored in the 2026 edition of The Best Lawyers in America® as a “Lawyer of the Year” in Sacramento. The Best Lawyers in America® is a highly respected peer-reviewed guide highlighting the top legal talent across the United States.…
Weintraub Tobin is proud to share that 46 of the Firm’s attorneys have been honored in the 2026 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America™ (up from 41 attorneys last year). Of the 46 attorneys recognized, 11 have been recognized as Ones…
Weintraub Tobin is honored to announce that 47 of the Firm’s attorneys have been recognized in the 2025 Northern California Super Lawyers® and Rising Star lists, an annual review recognizing outstanding attorneys in the region. The selection process includes peer nominations, independent research to evaluate candidates, and peer reviews.…
The Weintraub Tobin Trusts & Estates team was proud to attend and present at the 30th Annual Professional Fiduciary Association of California (PFAC) Conference, held May 7–9, 2025, at the Disneyland Hotel in Anaheim. As part of the conference agenda, attorneys Kelly Dankbar, Lily Harris, and Josiah Prendergast led an…
Weintraub Tobin is pleased to be named in multiple practice areas and metropolitan areas in the 2025 edition of Best Law Firms®, including 10 Tier 1 rankings. The Firm maintained rankings in all Tier 1 categories from last year, and advanced two categories from Tier 2 to Tier 1 in…
Weintraub Tobin Trusts & Estates litigators Lily Harris and Madeline Giles successfully defended against a request for a three-year elder abuse restraining order brought against their client. In late May of this year, their client was served with a temporary elder abuse restraining order by her cohabitant. Based on the temporary restraining order,…
Weintraub Tobin is pleased to announce that 41 of its attorneys have been recognized in the 2025 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America. 32 Weintraub attorneys are included in the 2025 edition of The Best Lawyers in America, of which six…
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 announce that shareholder Kay U. Brooks has been selected to the Board of Trustees for the Sutter Roseville Medical Center Foundation. The Sutter Roseville Medical Center Foundation is a separately incorporated, community-benefit nonprofit organization. As a trustee, Kay will serve on the SRMCF Board alongside…
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…
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…
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…
Britney Spears says so. After thirteen years of conservatorship, on June 23, 2021, Britney appeared remotely at her conservatorship hearing and relayed her emotional plea to the judge to terminate her conservatorship without the need for any further evaluation. The June 23, 2021, Hearing: ”I’m [Not] A Slave 4 U”…
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.…
2020 has been a year to remember for so many reasons: a global pandemic, the race to a vaccine, and an election with record-breaking voter turnout. President-elect Joe Biden and his running mate Vice President-elect Kamala Harris campaigned on a platform of detailed proposals, including changes to certain areas of…
In 1978 California voters approved Proposition 13, a landmark measure that set—and has kept—property taxes at a low rate. This November’s ballot includes a proposition known as the “split roll” initiative that would make significant changes to Proposition 13. Currently, California treats commercial and residential properties almost identically when it…
When Karl Lagerfeld passed away in February of 2019 in France, many speculated that his cat, Choupette, was well provided for as part of his estimated $150 million estate. This pampered feline was much loved by Mr. Lagerfeld during his life, and appeared in photoshoots and featured in many high-end…
