Overview

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Danielle Diebert is a Shareholder in the Firm’s Sacramento office and a member of the Litigation and Tax, Benefits and Estate Planning practice groups. She is certified by the State Bar of California Board of Legal Specialization as a Specialist in Estate Planning, Trust and Probate Law. Ms. Diebert predominantly represents licensed private professional fiduciaries and corporate fiduciaries in complex and/or contentious trust, estate, and conservatorship administrations. Ms. Diebert has represented clients throughout the State of California in all aspects of trust, estate, and conservatorship administration, with a special focus on trust and estate litigation.

Ms. Diebert’s litigation experience often relates to nuanced areas of the law, and she particularly enjoys strategizing with clients on complex trust and estate matters to obtain the best results. As part of her litigation practice, Ms. Diebert has assisted in the successful defense of claims for financial elder abuse in the amount of over $150 million.  Ms. Diebert has also removed many trustees, personal representatives, and conservators for breach of fiduciary duty and has successfully surcharged fiduciaries. Danielle has handled a myriad of cases relating to the interpretation of complex wills, trusts, and other testamentary instruments that have resulted in successful resolutions both in court and via settlement. Ms. Diebert has also served as lead counsel at trial in over a dozen trust, estate, and conservatorship matters throughout the State of California.

Ms. Diebert listens to her clients with an understanding that these disputes can be challenging to navigate not only because of the nature of litigation but also due to the issues inherent in dealing with the death or incapacity of a family member. She serves as a strong advocate for her clients through trial, while at the same time, she is adept at finding common ground for resolution.

  • Successful removed co-trustees of trusts for breach of fiduciary duty.
  • Summarily disposed of trust contests via demurrers, which were sustained without leave to amend.
  • Summarily disposed of contract to make a will claims via demurrers which were sustained without leave to amend.
  • Summarily disposed of trust contest via motion for summary adjudication.
  • Assisted in the successful defense of elder abuse claims in the approximate amount of $150 million.
  • Summarily disposed of motion to enforce settlement agreement via demurrer which was sustained without leave to amend.
  • Recovered numerous trust properties pursuant to Probate Code section 850.
  • Obtained multiple judgments awarding double damages and attorneys’ fees under Probate Code section 859.
  • Obtained a judgment of financial abuse of an elder on behalf of a conservator of the estate, including damages for bad faith in excess of $1 million.
  • Successfully defended trustees with respect to accounting disputes.
  • Successfully defended trustees with respect to breach of fiduciary duty.
  • Successfully compelled trustees to provide accountings and additional information on behalf of beneficiaries.
  • Negotiated settlements regarding trust contests, distribution disputes, and fiduciary removal.
  • Negotiated settlements regarding fiduciary removal, modification or termination of irrevocable trusts, and accounting disputes.
  • Successfully defended exercise of an option to purchase real property.
  • Served as lead counsel in multiple trials regarding defense to accountings of trustees and actions for surcharge.
  • Defended litigation opposing client’s appointment as conservator and seeking to remove client as an agent under power of attorney.
  • Obtained an order enforcing a settlement agreement under Code of Civil Procedure section 664.6.
  • Obtained elder abuse restraining orders on behalf of a conservator and a conservatee.
  • Obtained substituted judgment for a conservatee who was judicially determined to have been financially abused by her son.

Admissions

  • California
  • U.S. District Court for the Eastern District of California

Education

  • University of the Pacific, McGeorge School of Law, J.D., with distinction
  • California Polytechnic State University, San Luis Obispo, B.S. in Economics with a concentration in Real Estate and a Minor in Business Administration

  • Northern California Super Lawyers, 2023-2025
  • Northern California Super Lawyers – Rising Star, 2018 – 2022
  • Best Lawyers in America®, “Ones to Watch”, 2022-2025 Litigation – Trusts and Estates, and Trusts and Estates
  • Sacramento Magazine, Top Lawyer, 2023
  • Top Lawyer in Estate Planning and Probate, Sactown Magazine, 2024

  • Member, State Bar of California, Trust and Estates Section
  • Member, Sacramento County Bar Association, Probate and Estate Planning Section
  • Sacramento County Bar Association, Probate and Estate Planning Chair (2023)
  • Sacramento County Bar Association, Probate and Estate Planning Section Vice Chair (2022)
  • Sacramento County Bar Association, Probate and Estate Planning Section Secretary (2021)
  • Sacramento County Bar Association, Probate and Estate Planning Section Treasurer (2020)
  • State Bar of California Board of Legal Specialization: Estate Planning, Trust and Probate Law Certified Specialist
  • Member, Sacramento Estate Planning Council
  • Board Member, Sacramento Estate Planning Council (2021- present)
    • Estate Planning Forum Committee (2023-present)
    • Programs Committee (2022-2023)
    • Education Chair (2021-2022)
  • Leadership Sacramento, Class of 2024 Graduate
  • McGeorge Elder Law Clinic, Speaker on Trusts and Estates Litigation.

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