Where Others Draft, Van Dyke Law Defends.
Since 1998, Richard “Scott” Van Dyke has devoted his career
exclusively to the litigation, trial, and appeal of contentious trust, probate,
and estate disputes.
He does not draft wills or create trusts — he defends and corrects
them once they are under fire. Where most estate lawyers build plans, Van Dyke
litigates the aftermath when those plans collapse under the weight of undue
influence, breach of fiduciary duty, or financial exploitation.
Focused Expertise
Mr. Van Dyke’s practice encompasses the full spectrum of
high-stakes probate and trust litigation, including:
• Trust & Will Contests – lack of capacity, undue
influence, fraud, and forgery.
• Fiduciary Duty & Accounting Disputes –
surcharge actions, trustee removals, and petitions for instructions.
• Forensic Asset Recovery – tracing and reclaiming
misappropriated estate or sub-trust assets.
• Elder Financial Abuse – prosecuting breaches of
confidence, coercion, and exploitation under the EADACPA.
• Appellate Litigation – preserving and defending
favorable rulings or correcting errors in the trial record.
• Contested Conservatorships & Protective Proceedings
– defending autonomy and restoring control when incapacity or manipulation
threatens family integrity.
His litigation style is distinguished by meticulous forensic
preparation, an evidentiary command of complex financial records, and the
strategic use of expert witness testimony to expose misconduct and restore
equity.
The Forensic Advantage
A defining element of Mr. Van Dyke’s work is his mastery of
forensic analysis and asset tracing. He has built a reputation for uncovering
concealed transfers, self-dealing, and breaches of the Uniform Prudent Investor
Act, often in cases abandoned by transactional counsel. By reconstructing the
factual record and presenting it with precision, he has recovered substantial
estates, corrected flawed accountings, and re-established the intent of
deceased grantors.
Trial Discipline & Courtroom Presence
Mr. Van Dyke’s approach reflects the discipline of a career
trial lawyer: every argument deliberated, every exhibit purposeful. Colleagues
describe his courtroom manner as “surgical”, a combination of evidentiary
precision and unshakable composure. He is rated AV Preeminent® by Martindale-Hubbell,
recognized by Super Lawyers®, and maintains an Avvo “Excellent” rating, honors
earned through peer evaluation of both skill and ethics. He has served as a
Special Master for San Diego County, underscoring the judiciary’s confidence in
his judgment and neutrality.
Professional Admissions & Credentials
• California Bar (1998) Active, No Disciplinary
Record
• U.S. District Court, Southern & Central
Districts of California
• U.S. Court of
Appeals, Ninth Circuit
• J.D., Thomas
Jefferson School of Law (1996) – Bancroft Whitney American Jurisprudence
Award in Trusts (1995)
• B.S., Embry-Riddle Aeronautical University (1985)
Reputation Built on Precision
For more than 25 years, Van Dyke & Associates has
remained a litigation-only boutique, a deliberate choice that allows the firm
to devote its full focus to high-conflict trust and probate matters. By
declining all estate-planning and transactional work, the practice maintains
its agility in trial preparation, forensic accounting, and appellate advocacy.
Peers and clients alike regard Van Dyke as a strategist
first and a litigator always, the attorney families call when legacy itself is
on the line.
Referral and Collaboration
Van Dyke frequently works with fellow attorneys seeking
trial or appellate support in complex fiduciary litigation. Referring counsel
trusts his discretion, thoroughness, and ability to transform intricate fact
patterns into compelling courtroom narratives that withstand scrutiny on
appeal. His firm welcomes selective collaborations where precision, discretion,
and results are paramount.
Van Dyke & Associates, APLC — Defending the Truth
Behind the Trust.
Serving San Diego County and California Statewide
State Bar of California: Trusts & Estates Section.
