you may feel like you have no way to fight back. A large upfront retainer can make trust or probate litigation seem financially impossible.
But not having the money to pay hourly legal fees does not necessarily mean you have to give up your inheritance claim. For qualifying California trust and probate litigation cases, a contingency fee may allow you to hire an attorney without paying attorney’s fees upfront.
At The Grossman Law Firm, Attorney Scott Grossman handles qualifying probate and trust litigation cases throughout California on a contingency fee basis.
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Key Takeaways
- You do not necessarily have to give up your inheritance because you cannot afford a large attorney retainer.
- Some California trust and probate litigation cases may qualify for contingency fee representation.
- With a contingency fee, you do not pay hourly attorney’s fees as the case moves forward. Instead, the attorney’s fee is an agreed upon percentage of your recovered inheritance.
- Not every inheritance dispute qualifies for contingency representation.
- Speaking with an attorney can help you understand whether you have a viable claim and whether a contingency fee may be an option.
What If I Can't Afford an Inheritance Lawyer?
Start by discussing your case with one of our intake specialists to find out whether you actually have to pay an attorney by the hour or if your case is suitable for a contingency.
Many beneficiaries assume that hiring a California trust or probate litigation attorney means having to come up with thousands of dollars before anything can happen. That is one way attorneys charge, but it is not the only option.
Some attorneys accept qualifying inheritance disputes on a contingency fee.
Instead of requiring you to fund the attorney’s time as the case progresses, a contingency arrangement ties the attorney’s fee to the recovery. This can make a significant difference when the very money you need to hire an attorney is the inheritance you are trying to recover.
Why Hourly Legal Fees Can Put Litigation Out of Reach
Trust and probate litigation can take time. With hourly representation, the client generally pays the attorney for the work performed regardless of the outcome.
For someone with significant savings, that may be manageable.
For a beneficiary living paycheck to paycheck, a $25,000 retainer can stop the case before it begins.
That creates a frustrating situation: you may have a valuable inheritance claim on paper but no practical way to pay an attorney to pursue it.
A lack of money today, however, does not necessarily mean your claim has no value or that you should walk away.
A Common Situation
The names and circumstances below have been changed for privacy.
Anthony expected to receive approximately $300,000 from his mother’s trust. Instead, the trustee refused to make his distribution and stopped giving him clear answers about what was happening with the trust.
Anthony was already having a difficult time financially. He was living paycheck to paycheck and had been counting on the inheritance to pay down debt and finally give himself some breathing room.
He contacted several attorneys, but the retainers they required were more than he could afford. After hearing numbers between $25,000, Anthony stopped making calls. He assumed that if he couldn’t afford to hire a lawyer, he would have to accept whatever the trustee decided.
After speaking with The Grossman Law Firm, he learned that some trust litigation cases may qualify for a contingency fee.
That changed the question. Instead of asking, “Where am I going to find $25,000?” Anthony could find out whether the facts and evidence made his case appropriate for contingency representation.
The amount of money Anthony had available upfront was not the only factor that mattered. The strength and potential value of his claim mattered even more.
How a Contingency Fee Can Give You Another Option
With a contingency fee, the attorney receives an agreed percentage of the recovery rather than charging you hourly attorney’s fees as the case progresses.
At The Grossman Law Firm, the contingency fee compensates the firm for the time, risk, labor, and attorney expertise we put into advancing the client’s claim.
If your case qualifies, this arrangement can give you a way to pursue your inheritance without first having to find the money for a substantial hourly retainer.
Of course, a contingency fee means that a portion of any successful recovery goes to the attorney. But for someone who cannot afford hourly litigation, the practical comparison may not be between receiving 100% of an inheritance and receiving a smaller percentage.
It may be between having a realistic opportunity to recover part of the inheritance and having no practical way to pursue it at all.
Does Every Inheritance Case Qualify?
No.
Because the law firm takes on the risk of not being paid attorney’s fees if there is no recovery, attorneys carefully evaluate a case before agreeing to contingency representation.
Factors may include:
- The strength of the legal claim
- Documents, witnesses, and other available evidence
- The amount of money or property potentially recoverable
- The complexity of the dispute
- Whether there is a realistic source of recovery
- Applicable legal deadlines
- Acting in a timely manner
A large inheritance by itself does not guarantee that a case qualifies.
Attorney Scott Grossman evaluates California trust and probate litigation matters for qualification based on the facts of each case.
FAQ
Can I sue for my inheritance if I don’t have money for a lawyer?
Possibly. Your ability to pursue a claim depends on the facts and legal issues involved. Still, a lack of money for an hourly retainer does not necessarily prevent you from taking legal action. A qualifying case may be handled on a contingency basis.
Do I have to pay attorney’s fees upfront under a contingency fee?
For cases The Grossman Law Firm accepts on a contingency basis, you do not pay hourly attorney’s fees upfront. The firm’s written fee agreement explains how the contingency fee and case expenses work.
What if I’ve already been quoted a retainer deposit I can’t afford?
Another attorney’s hourly retainer does not necessarily determine whether you can pursue your case. The Grossman Law Firm intake specialist can discuss whether your matter may qualify for fees on contingency.
How do I know whether my inheritance claim qualifies?
The first step is having the facts evaluated. The strength of your evidence, potential recovery, legal claims, and other circumstances all affect whether contingency representation may be available. The Grossman Law Firm intake can evaluate your case to determine whether your matter may qualify for fees on contingency.
Related Resources
How The Grossman Law Firm Can Help
If you believe you are entitled to an inheritance, do not assume that a large hourly retainer is your only path to legal representation. The first step is finding out whether you have a viable claim and whether your case may qualify for a contingency fee.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or complete our Get Help Now form to discuss your situation and find out whether your case may qualify.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.