Trust and Probate Litigation

Trust and Probate matters can be emotionally devastating and extremely difficult to resolve, as family members and friends are often pitted against each other while still working through the trauma of a recent death. Resolving these disputes requires not only knowledge of California probate law but also 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 or 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, including in court. 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, Van Dyke & Associates, APLC focuses on the litigation of contested matters in Probate Court and Superior Court. While both types of lawyers may find themselves in court, we believe that skilled litigation attorneys are better suited to represent clients in contested probate, trust, and elder abuse matters. The attorneys associated with our firm have over 40 years of litigation experience at trial and in appeals, including in trusts and estates matters. This experience comes to bear in Probate Court and in the Superior Court Trial Departments, where all customary rules of civil procedure, discovery, and evidence apply.

Our firm welcomes inquiries directly from clients in need, fiduciary representatives, or from other professionals seeking litigation co-counsel for clients who are currently represented by transactional or trust administration attorneys.