Q: How do I pay the cost of probate litigation or trust litigation?

A: If you want to challenge a will or trust or want to remove an executor or trustee then you have two options.  You can hire a probate or trust litigator on an hourly basis or on a contingency fee.  An hourly fee agreement is a traditional arrangement in which a client deposits money in their lawyers client trust account and the lawyers pays the out of pocket costs and the hourly fee from the money on deposit.  If the case ends and there is money left over then the unused funds get returned to the client.  If the money on deposit runs out during the litigation then the client is responsible for depositing more money in the client trust account to continue the litigation.

A contingency fee agreement for a will contest, trust contest, executor or trustee removal action is similar to a contingency fee agreement in personal injury cases.  The probate litigation firm will advance all the costs of the litigation and isn't paid a fee while the case is being litigated.  When the case ends, the attorney is paid a percentage of the property recovered and the out of pocket costs are reimbursed.

If you are the executor or trustee then the probate estate or trust's assets can be used to pay your attorney to defend the litigation.  For that reason and a host of others, executors and trustees always retain their attorneys on an hourly fee basis.

The Grossman Law Firm, A.P.C. are Riverside, California probate lawyers.  We help probate estates in Riverside County, California.  We appear in the Riverside probate court for cases in the area bounded by Temecula, Corona, and Banning, California.  We appear in the Palm Springs/Indio probate court for cases from Palm Springs, Palm Desert, Rancho Mirage, Desert Hot Springs, Cathedral City, Indian Wells, and Indio, California.  If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.