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Key Takeaways
- A contingency fee allows some trust litigation clients to pursue a case without paying attorney’s fees upfront.
- Attorney’s fees are paid only if money or property is successfully recovered.
- Contingency fees are not appropriate for every trust dispute.
- Attorney Scott Grossman represents beneficiaries and heirs in qualifying trust litigation matters throughout California.
What Is a Trust Litigation Contingency Fee?
Many beneficiaries might suspect something is off with a trust, but worry about the cost of getting legal help.
A contingency fee agreement can open the door to trust litigation when the case is about recovering money, property, or other valuable trust assets. Instead of paying as the case goes along, the attorney takes an agreed percentage only if the case succeeds.
At The Grossman Law Firm, Scott Grossman looks at the facts of each trust litigation case to decide if a contingency fee is the right fit.
When a Contingency Fee May Be Available
Every case is different, but contingency fees are often considered when there is a realistic opportunity to recover assets that have been wrongfully withheld or taken.
Examples may include:
- Trustee theft or self-dealing
- Breach of fiduciary duty
- Wrongful withholding of trust distributions
- Financial elder abuse involving trust assets
- Trust contests involving substantial assets
Not every trust dispute qualifies for a contingency fee. Attorneys often consider factors such as:
- The strength of the available evidence
- The value of the trust assets at issue
- Whether money or property can realistically be recovered
If a case does not meet these factors, a different fee arrangement may be more appropriate.
Want to learn more about how contingency fees work? Read our guide to Contingency Fees in California Probate and Trust Litigation to understand when this type of fee arrangement may be available.
FAQ
How does a contingency fee work in trust litigation?
Instead of paying attorney’s fees upfront, the attorney is paid an agreed-upon percentage of the money or property recovered.
Does every trust litigation case qualify?
No. Attorneys evaluate each case individually based on the available evidence, potential recovery, and other legal and practical considerations.
What if I cannot afford to hire an attorney?
If your case qualifies, a contingency fee may allow you to pursue trust litigation without paying attorney’s fees upfront.
Related Resources
How The Grossman Law Firm Can Help
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) 443-6590or fill out our Get Help Now form below to take the next step and to determine if a contingency fee is right for you.
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: Sep 14, 2016