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 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.
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.
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 attorneys Mary deLeo and Danielle Diebert. The presentation covered proposed developments in conservatorship law, including updates to the disposition of property, care plans, and sale of personal…
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 and Danielle Diebert were co-presenters. The presentation covered the best practices for fiduciaries to follow in fulfilling fiduciary obligations as trustees, conservators, and agents.…
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 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,…
Brendan Begley will be speaking at The Rutter Group and the California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City. Highlights include Sexual Harassment and Retaliation, Wage and Hour, PAGA, New California Rules of Professional Conduct (eff.…
Summary of Program As a fiduciary, you may think that all of your communications with your attorney are confidential. While communications between an attorney and his or her client are generally protected by the attorney-client privilege, in the trustee context, it is the office of the trustee, not the individual…
The Sacramento County Bar Association’s Probate and Estate Planning Section hosted a trust and estate litigation ‘Boot Camp’ on September 20, 2016. The six-hour-long seminar featured a panel of speakers who discussed will and trust contests in California Superior Court, trial advocacy, and setting up success in mediation. Danielle Diebert co-presented with…
Location: Julia Morgan Ballroom at the Merchants Exchange465 California StreetSan Francisco, CA 94104 Topics include: Ethics: To Tweet or Not? Ethics in Social MediaAnnual Estate and Gift Tax Conference The speaker will focus on the ethical issues facing practitioners with so many on-line tools. She will address the issues when using…
A Seminar for Fiduciaries Summary of ProgramJoin the attorneys from Weintraub Tobin’s Trusts and Estates Group as they discuss the important legal and practical implications for trustees arising from the recent California Supreme Court decision in the Estate of Giraldin. Program Highlights You thought you knew to whom your fiduciary…
Weintraub Tobin is pleased to welcome Miranda M. Fernandez as an associate in the Firm’s Trusts & Estates practice group.
Weintraub Tobin has been recognized with numerous rankings in the 2023 edition of U.S. News – Best Lawyers® “Best Law Firms.” The rankings are awarded by tiers for each practice group in each metropolitan area.
Weintraub Tobin is pleased to announce that 19 of its attorneys have been recognized in the 29th edition of The Best Lawyers in America®. Additionally, six of our attorneys have been named to the third edition of the Best Lawyers: Ones to Watch in America, and one attorney, Kay Brooks, was named the…
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…
Edward J. Corey, Jr. and Daniel C. Kim prevailed in a 9-day trial before the Yolo County Superior Court relating to a pre-death trust contest. The Petitioner, son of the trust settlors, claimed that his parents lacked sufficient capacity and/or were unduly influenced in making changes to their trust in 2018 that removed…
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 has been recognized with numerous rankings in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms.” The tiered rankings are assigned to law firm practice groups by metropolitan area. Thousands of firms are considered and reviewed nationwide through a detailed evaluation process before U.S. News and Best Lawyers®…
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. …
Sacramento, CA (August 19, 2021) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 16 attorneys have been included in the 2022 edition of Best Lawyers in America and 6 Weintraub attorneys have been included in Best Lawyers: Ones to Watch. Weintraub Tobin’s recognized Best Lawyers…
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…
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”…
Planning for the end of one’s life, or potential incapacity, is probably something an individual in their 20’s, 30’s, or even 40’s does not want to contemplate. Even those in their later years might find it a difficult topic to discuss. However, there are several important reasons why one should…
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…
The COVID-19 pandemic has focused us all on necessities and on trying to prepare for an uncertain future. This article outlines why an estate plan is one of those necessities. I Don’t Have an Estate Plan; What Would Happen if I Died? It’s important to have an estate plan for…
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…
