A contingency fee arrangement allows a beneficiary to pursue litigation without paying attorney fees up front. Instead, attorney fees are generally tied to the outcome of the case. If the client doesn’t receive an inheritance then no legal fees are due to the law firm. In other words, the law firm takes the entire financial risk.
This arrangement makes legal representation accessible to beneficiaries who suspect wrongdoing but cannot afford to fund intensive litigation on an hourly basis.
However, it is important to know that contingency fee arrangements are not available in every case. The facts, available evidence, value of the assets involved, and likelihood of recovery all play an important role in determining whether a case may qualify. For instance, if the real estate is still owned by the trust, getting your inheritance is easier. However, if the house has been sold and the trustee has fled, securing your inheritance might be more complicated, then your case is not eligible for contingency agreement.
At The Grossman Law Firm, we evaluate each case individually to determine whether a contingency fee arrangement may be available, this allows qualified beneficiaries to pursue their claims without paying attorney fees up front.
When Beneficiaries May Qualify
Every case is different, but contingency fee representation is often considered when:
- Significant trust or estate assets are involved.
- Assets can be recovered through litigation.
- There is clear evidence of trustee misconduct or executor misconduct.
- A beneficiary’s inheritance has been improperly withheld.
- Financial records suggest self-dealing, theft, or mismanagement.
- The beneficiaries have suffered measurable financial harm.
Cases involving recoverable funds or property are more likely to qualify for contingency fee representation than those based solely on personal disputes among family members. Where and how the assets are held is really important to qualify for the contingency agreement.
A Family’s Decision to Pursue Litigation Together
The names and circumstances in this example have been modified for privacy.
After their mother passed away in 2021, four siblings became beneficiaries of a California trust.
Their oldest brother, Michael, was named successor trustee.
The trust included a family home, investment accounts, and cash assets intended to be distributed equally among the children.
Initially, the siblings expected a smooth administration process. Instead, they faced delays, limited communication, and repeated refusals to share information about the trust assets.
As time passed, the beneficiaries became concerned that distributions were being withheld and that trust assets may have been mishandled.
The Cost of Litigation Felt Out of Reach
The siblings consulted several attorneys but quickly discovered that trust litigation can be expensive.
Like many beneficiaries, they found themselves in a frustrating position. They believed trust assets were being mishandled, but the inheritance they were entitled to receive remained under the trustee’s control. Without access to those funds, pursuing a lengthy court battle seemed financially impossible.
As a result, they faced a difficult choice: walk away from their concerns or find a way to hold the trustee accountable.
After The Grossman Law Firm reviewed the facts, available documentation, and potential claims, we determined that the case qualified for contingency-fee representation. Luckily, the home was still owned by the trust, so TGLF was able to go to court to force the sale and distribution without charging our clients an upfront legal fee.
Why a Contingency Fee Arrangement Made Litigation Possible?
The contingency fee allowed our clients to move forward with litigation without paying attorney fees up front and pursue the recovery of assets they believed rightfully belonged to their trust beneficiaries.
When The Grossman Law Firm reviewed the case, we determined that the matter qualified for contingency-fee representation. That gave the family a path forward.
Instead of walking away from their concerns, the siblings were able to pursue a trust accounting, obtain financial records, and seek court intervention without paying attorney fees up front.
By working together, they presented a unified position and focused on a common goal: uncovering what had happened to the trust assets and protecting their interests as beneficiaries.
Many families find themselves in a similar position. They suspect trustee misconduct, withheld distributions, or missing assets, but believe they cannot afford to take legal action. In qualifying cases, a contingency fee arrangement can provide access to experienced litigation counsel when the cost of litigation would otherwise prevent a family from pursuing answers.
What May Determine Whether a Case Qualifies
When evaluating whether a case may qualify for contingency representation, attorneys often consider:
Whether Assets Can Be Recovered
A claim may be stronger if there is a realistic path to recovering money, property, or other assets through litigation.
The Value of the Assets at Issue
The amount of money or property involved may impact whether a contingency arrangement is practical.
Evidence Supporting the Claims
Documentation, financial records, witness testimony, and trust documents can all play an important role.
The Nature of the Alleged Misconduct
Cases involving self-dealing, theft, hidden assets, improper distributions, or serious breaches of fiduciary duty are often evaluated differently from ordinary family disagreements.
FAQ
Do all trust litigation cases qualify for a contingency fee arrangement?
No. Each case must be evaluated individually based on the facts, available evidence, potential recovery, and other factors. If assets can be recovered in a straightforward legal argument the chances of a contingency fee agreement are greater than if the assets are missing or the legal argument for recovery is complicated.
Can numerous beneficiaries pursue a case together?
In many situations, yes. Beneficiaries with the same interests may be able to work together after appropriate conflict disclosures and waivers are reviewed. This allows clients to pursue cases together with a contingency agreement that would not qualify based on the value of one client’s inheritance.
What types of cases are commonly considered for contingency?
While every case is evaluated individually, contingency fee arrangements are often considered in matters involving trustee misconduct, executor misconduct, withheld inheritances, hidden or misappropriated assets, undue influence, elder abuse, and/or breaches of fiduciary duty.
How do I find out whether my case qualifies?
Every case is different. The best way to find out whether a contingency fee arrangement may be available is to have an attorney review the facts of your situation, the evidence available, and the potential value of the claims. The Grossman Law Firm will give you a free case evaluation for your California litigation case. If you qualify for our services we will schedule a free phone consultation with attorney Scott Grossman.
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How The Grossman Law Firm Can Help
Many beneficiaries delay taking action because they assume litigation is financially out of reach. In reality, some cases may qualify for contingency fee representation, allowing beneficiaries to pursue claims without paying attorney fees up front.
At The Grossman Law Firm, we help beneficiaries and heirs across California protect their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists will review your case at no cost. If your case qualifies, you will get a free phone consultation with Attorney Scott Grossman.