Richard S. Van Dyke

Richard S. Van Dyke is the founder and managing shareholder of Van Dyke Trusts & Estates Law, in San Diego, California, dedicating a quarter-century to the practice of litigation, trial and appeals within the complex domain of contentious trust and estate matters. Throughout his illustrious career, he has showcased remarkable proficiency in prosecuting and defending intricate probate cases, covering petitions for instructions and will and trust contests grounded in lack of capacity, undue influence and fraud.

Mr. Van Dyke’s extensive skill set encompasses successfully navigating cases involving the validity of questionable testamentary instruments, amendments and codicils. Beyond this, his litigation prowess extends to addressing improper exercises of powers of appointment, contested accounting actions, trustee removal and breach of fiduciary duty claims, including surcharges and associated remedies.

With a clientele encompassing trustees, corporate and private fiduciaries, receivers, disbursing agents and various other stakeholders, Mr. Van Dyke has adeptly and successfully resolved numerous cases within both state and federal court jurisdictions. His commitment to excellence and nuanced approach to intricate legal matters underscore his well-deserved reputation as a distinguished practitioner in the field of trust and estate law.

Mr. Van Dyke has cultivated a distinct focus on forensic analysis and asset recovery within the realm of misappropriated estate assets resulting from the breach of fiduciary duties and instances of elder financial abuse. Since 1998, his professional endeavors have been exclusively confined to the litigation, trial and appeals of contentious probate cases. He brings a vast reservoir of litigation and trial experience to this focused legal domain, which is predominantly navigated by transactional estate planning attorneys.

After graduating with a B.S. from Embry-Riddle Aeronautical University in 1985, Mr. Van Dyke pursued his interest in law at Thomas Jefferson School of Law and completed his J.D. in 1996. His unwavering dedication to legal excellence was recognized with the prestigious Bancroft Whitney American Jurisprudence Award in trusts in 1995. He is admitted to practice in California (1998), the U.S. District Court for the Southern and Central Districts of California and the U.S. Court of Appeals for the 9th Circuit.

An Avvo “Excellent” rated attorney, Mr. Van Dyke boasts an AV Preeminent* peer-review rating through Martindale-Hubbell. Further cementing his standing in the legal community, he has achieved the distinguished Lead Counsel rating. In a demonstration of his multifaceted skills, he was appointed as a Special Master by San Diego County in 2014.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.