Richard "Scott" Van Dyke, Esq.
Founder & Managing Shareholder
Richard “Scott” Van Dyke is the founder of the firm of Van Dyke & Associates, APLC, where he has devoted his practice to litigation, trial and appeals of contentious trust and estate matters for the past twenty years. He has extensive experience prosecuting and defending complex probate cases, including Petitions for Instructions, Will and Trust Contests based upon Lack of Capacity and Undue Influence and Fraud. He has successfully litigated numerous cases involving the validity of dubious or questionable testamentary instruments, amendments and codicils, improper exercise of powers of appointment, contested accounting actions, trustee removal and/or breach of fiduciary duty claims including surcharge and related remedies. He has represented trustees, corporate and private fiduciaries, receivers, disbursing agents, and other interested constituents. He has resolved hundreds of cases in both state and federal courts.
Scott has developed a special emphasis in forensic analysis and asset recovery in the context of misappropriated estate assets arising out of defalcation of fiduciary duties and Elder Financial Abuse. Since 1998, his practice has been limited to litigation, trial, and appeals of contested probate matters. Scott brings a wealth of litigation and trial experience to this area of law, which is mostly served by transactional estate planning lawyers.
He lives in Rancho Santa Fe, California, and enjoys boating and flying. He is married to Dawn Van Dyke, who serves as the firm’s business operations manager. Scott and Dawn are proud parents of six adult children and three grandchildren.
SEFTON v. SEFTON
Trust & Estate appeals case settled, resulting in $26MM to once disinherited son.