ProbateProbate LitigationTrust Litigation

When Beneficiaries May Qualify for a Contingency Fee

By June 23, 2026June 25th, 2026No Comments
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Table of Contents

Key Takeaways

  • With a contingency fee, the attorney is paid only if there is a recovery, and the fee is taken from that recovery.
  • Not every probate or trust litigation matter qualifies for contingency representation.
  • The amount at stake in the case often makes a difference.
  • Trust contests, will contests, trustee misconduct claims, and inheritance disputes may be candidates for contingency representation.
  • It is important to know how fees will work before you decide to move forward.

What Is a Contingency Fee?

When beneficiaries discover problems with an inheritance, one of the first concerns is often the cost of hiring an attorney. Probate and trust litigation can be complex, and many people worry that they cannot afford to pursue legal action.
A contingency fee may provide a solution in certain cases. Instead of paying attorney fees up front, the attorney’s fee is generally tied to the outcome of the case. However, not every probate or trust dispute is a good fit for contingency representation.
At The Grossman Law Firm, we evaluate each case individually to determine whether a contingency fee arrangement is available to qualifying beneficiaries and heirs.
Probate and trust litigation can quickly become complicated. Having an experienced attorney on your side can make all the difference. Attorney Scott Grossman has spent more than 20 years helping California beneficiaries and heirs protect their inheritance rights and hold fiduciaries accountable.

Factors to Consider Before Choosing a Contingency Fee

There is no one-size-fits-all fee arrangement.

Size of the Potential Recovery

The value of the inheritance matters. Larger estates or trusts are more likely to support a contingency fee, since there is enough to recover if the case is successful.

Complexity of the Litigation

How many people are involved, how much evidence is needed, and how long the case might take can all affect whether a contingency fee is a good fit.

Percentage of the Recovery

Contingency fees are usually a percentage of what is recovered. The exact percentage can change depending on how complex the case is and whether it settles or goes to trial.

Ability to Fund Litigation

Some people can pay hourly fees. Others need a contingency fee to bring a valid claim.
Knowing your financial situation and your options can help you decide which fee arrangement is right for you.

When Hourly Billing May Be More Appropriate

Sometimes, hourly billing makes more sense.
If the dispute is over a small amount, the damages are unclear, or the main issues are not about money, contingency representation may not be the best choice.
If you can afford to pay for litigation and do not want to share a percentage of any recovery, hourly billing may be better for you.
The best fee arrangement depends on your case, what is at stake, and your goals. If you have questions about pursuing a trust or probate dispute, The Grossman Law Firm can help you understand your options.

FAQ

What types of probate cases may qualify for a contingency fee?

Trust contests, will contests, trustee misconduct claims, inheritance disputes, and certain breach-of-fiduciary-duty actions may qualify, depending on the circumstances.

Does every probate case qualify for contingency representation?

No. Attorneys typically evaluate the evidence, potential recovery, and likelihood of success before determining whether contingency representation is available.

Is a contingency fee better than hourly billing?

Neither option is automatically better. The appropriate fee structure depends on the facts of the case, financial considerations, and the beneficiary’s goals.

How The Grossman Law Firm Can Help

If you think a trustee, executor, or someone else has meddled with your inheritance, waiting can make things harder to fix. Acting early can help determine whether assets are missing, whether someone has failed in their duties, and what you can do about it.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Please call us at (888) 443-6590 or fill out our Get Help Now form below to take the next step.
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.
Originally Published June 18, 2018