Trusts and Estates Attorneys

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.

Webinar: Recent and Proposed Developments in Conservatorship Law

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…

  • When: Mar 17, 2022
  • Where: Webinar

Webinar: Best Practices for Fiduciaries

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.…

  • When: Oct 28, 2021
  • Where: Sacramento, CA

Webinar: The Employment Law Issues Trustees, Conservators, and other Fiduciaries Face

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…

  • When: Apr 28, 2020
  • Where: Webinar

SCBA Probate & Estate Planning Section Boot Camp

Weintraub attorneys Carlena Tapella, Kelly Dankbar, and Leslie Kolafa 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…

  • When: Sep 17, 2019

Brendan Begley Presents at Employment Litigation 2019

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.…

  • When: Feb 23, 2019

Seminar: Sacramento Trust and Probate Litigation “Boot Camp”

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…

  • When:

The Twenty-Third Annual Estate & Gift Tax Conference

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…

  • When: Feb 27, 2015

Managing Risk: How To Protect Yourself In A Post-Giraldin World

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…

  • When:

Lauren J. Orozco Joins Weintraub Tobin

Weintraub is pleased to welcome Lauren J. Orozco as an associate in the Firm’s Trusts and Estates practice group. She assists clients in resolving highly contentious and complicated trusts and estates disputes, either by settlement or by means of trials and appeals.

Weintraub Tobin Elevates Two Attorneys to Shareholder

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…

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…

Don’t Skimp on The Facts – Failure of Fiduciaries to Make Full Disclosure of Matters Set Forth in an Accounting May be Considered Fraud

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…

Bringing Down the Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting

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…