Probate Litigation matters can be emotionally devastating and extremely difficult to resolve, with family members pitted against each other upon the trauma of a recent death. It requires thorough knowledge of California probate law and a firm grasp of the civil litigation process. It is important to understand the difference between estate planning and trust & probate litigation. Many California lawyers who specialize in Estate Planning, Trust and Probate law, are typically involved in the drafting of estate planning documents, including wills and trusts, and may also render professional legal services to administer trusts and estates. This is commonly referred to in the legal community as a “transactional” practice, as opposed to a “litigation” practice.

Unlike an estate planning or trust administration firm, our firm is dedicated to the litigation of contested probate matters only. While both types of lawyers may find themselves in Probate Court, only a skilled litigation attorney should represent clients in contested probate and elder abuse matters. Van Dyke & Associates, brings many years of court room trial and litigation experience to bear in Probate Court, and where appropriate, for example in elder abuse cases, in the Superior Court General Jurisdiction Trial Departments where all customary rules of civil procedure, discovery and evidence apply. In most cases, our firm is engaged either directly by a client in need, or by other lawyers as litigation co-counsel to clients currently represented by transactional or trust administration counsel. Our firm welcomes client or professional inquiries in any of the matters listed herein. For more information about any specific topic of interest, please navigate through the sub-categories of trust & probate law to the right. Should you require estate planning or trust administration services in a non-contested matter, we will work closely with and will gladly provide you with a pre-screened referral to a Certified Specialist in Estate Planning, Trust and Probate Law.