Contingency Fees:
A Comprehensive Guide to California Probate & Trust Litigation

Beneficiaries and heirs can pursue probate or trust litigation without paying hourly attorney fees upfront. This option is available when an attorney offers contingency representation, and the client accepts.

If the case results in a settlement or court judgment, the attorney receives an agreed-upon percentage of the recovery.

For beneficiaries who suspect trustee misconduct, executor wrongdoing, or a wrongfully withheld inheritance, this arrangement can make legal representation possible when paying an attorney by the hour isn’t affordable.

However, not every probate or trust dispute qualifies for contingency representation. The strength of the evidence, the potential financial recovery, and the likelihood of collecting that recovery all matter.

Attorney Scott Grossman, founder of The Grossman Law Firm, represents beneficiaries and heirs throughout California. TGLF specializes in probate and trust litigation.

Learn more about what a contingency fee arrangement means.

Contingency Fees vs. Hourly Attorney Fees

If a trustee withholds your inheritance or an executor mishandles estate assets, you may need an attorney to protect your rights. But what happens when you cannot afford to hire one?

With hourly representation, attorneys require an upfront retainer and charge for the time they spend on your case. As litigation continues, those costs can add up quickly. 

A contingency fee works differently. Instead of paying hourly attorney fees, you agree to pay your attorney a percentage of the money or property recovered if your case succeeds.

At The Grossman Law Firm, founder and principal attorney Scott Grossman represents beneficiaries and heirs throughout California in probate and trust litigation. We accept qualifying cases on a contingency basis, allowing clients to pursue their inheritance without paying hourly attorney fees upfront.

Learn more about contingency fees vs. hourly attorney fees and which arrangement may be appropriate for your situation.

At The Grossman Law Firm, we base contingency fees on the value of the assets when a case is resolved. Generally, the earlier a case settles, the lower the percentage charged.

How much is the contingency fee?

Our published fee structure includes:

• 25% if the case resolves before filing in court.
• 33⅓% if the case settles at least 90 days before trial.
• 40% if the case resolves within 90 days of trial or after judgment.

Suppose your case settles for $500,000 before a lawsuit is filed. At a 25% contingency rate, attorney fees would total $125,000.  Our firm also advances litigation expenses, which may include court filing fees, transcripts, expert witness fees, and certified document copies. We reimburse these expenses at cost, without markup, from a successful recovery under the terms of the fee agreement. We would deduct expenses from the remaining $375,000. The client would receive the balance as their inheritance.

If your case does not result in payment of your inheritance, you do not owe our firm anything.

Not every probate or trust dispute qualifies for contingency representation. Our Intake Specialists can evaluate your situation at no cost to determine whether your case may qualify for a Free Phone Consultation with Attorney Scott Grossman.

If you’re concerned about paying for litigation, read our guide on Can I Sue a Trustee Without Paying Attorney Fees Upfront? to learn about your options.

A contingency fee may be available when a trustee or executor mismanages estate or trust assets, wrongfully takes property, or causes financial harm to beneficiaries.

Will and Trust Contests

Will and trust contests are among the most common cases handled on a contingency basis.

These disputes often involve one or more beneficiaries being disinherited or getting a much smaller share under a questionable will or trust. The person who benefits most from the disputed document often controls the estate assets and can afford a legal defense, while those challenging it may not.

If you’ve been cut out of a will or trust and believe it’s invalid, a contingency fee may allow you to contest it without paying up front.

Trustee or Executor Misconduct

A contingency fee can also apply when beneficiaries seek to remove a trustee or executor who mismanages or wrongfully takes trust or estate assets.

While it may seem unusual for a removal case, it often fits well because:

• The trustee or executor is withholding or depleting the beneficiaries’ inheritance.
• Beneficiaries must fund their own legal costs, unless their attorney works on a contingency basis.

In these cases, a contingency arrangement helps balance the playing field and ensures beneficiaries can protect their inheritance.

Withheld or Misappropriated Inheritances

A beneficiary may have a claim when a trustee or executor wrongfully withholds an inheritance, transfers assets for personal benefit, or fails to account for missing property.

Depending on the circumstances, legal action may help recover money or property that should belong to the trust, estate, or beneficiaries.

When significant assets are at stake, these disputes may qualify for contingency representation.

When Contingency Fees Don’t Apply

Some probate matters don’t qualify for contingency fees. For example:

• • Routine probate administration (opening probate, filing forms, distributing assets)
  • Non-contentious trust administration
  • Cases where there’s no financial recovery at stake
  • Cases with no supporting evidence of assets or wrongdoing

In these situations, attorneys may charge hourly or flat fees. However, routine probate administration generally follows California’s statutory attorney fee schedule under Probate Code § 10810. 

Learn more about trustee duties and whether your case qualifies for a contingency: Can I Sue a Trustee for Breach of Fiduciary Duty on Contingency

In some California probate and trust disputes, beneficiaries may pursue financial recovery when a trustee or executor mismanages, misappropriates, or wrongfully transfers assets. Depending on the circumstances, a court may order the responsible party to pay damages or restore property to the estate or trust.

When Can Beneficiaries Recover Money From Trustee or Executor Misconduct?

For example, a trustee might sell trust property significantly below its fair market value, use trust funds for personal expenses, or make improper distributions that reduce another beneficiary’s inheritance.

Under California Probate Code § 16420, beneficiaries may seek remedies for a breach of trust, including compelling a trustee to restore trust property or provide monetary relief. Probate Code § 16440 also addresses a trustee’s potential liability for losses resulting from a breach.

However, proving misconduct is only part of the equation. Whether a beneficiary can recover money depends on the circumstances, the evidence, and the remedies available under California law. If the money is spent or missing, collection might not be possible, making a contingency fee unavailable.

At The Grossman Law Firm, we evaluate potential claims and recovery options to determine whether a case qualifies for contingency representation.

To learn more, explore our guides on common trustee breaches and how beneficiaries may recover money lost through trustee misconduct.

Not every probate or trust dispute is suitable for contingency representation.

Before accepting a case, an attorney typically evaluates whether a viable legal claim exists, whether there is sufficient evidence, and whether there is a realistic chance to recover money or property.

A case doesn’t need a guaranteed outcome to qualify for contingency representation. However, the attorney must determine whether the potential recovery justifies taking on the financial risk. This decision to offer a contingency agreement is at the consulting attorney’s discretion. 

If you believe a trustee or executor has mishandled your inheritance, you don’t have to determine whether your case qualifies on your own.

At The Grossman Law Firm, our Intake Specialists can evaluate your situation at no cost. We will schedule qualifying cases for a Free Phone Consultation with Attorney Scott Grossman.

Contact us today to find out whether we can take your case on a contingency basis.

Can I Sue a Trustee Without Paying Attorney Fees Upfront?

Yes, in some California trust litigation cases, beneficiaries can hire an attorney on a contingency basis without paying hourly attorney fees upfront. Instead, the attorney receives an agreed-upon percentage of the recovery if the case succeeds.

What Happens If I Lose My Contingency Fee Case?

If your case does not result in a financial recovery, you do not owe The Grossman Law Firm attorney fees. Our firm takes on the financial risk of pursuing qualifying cases, allowing beneficiaries to seek their inheritance without paying hourly attorney fees upfront.

Can Numerous Beneficiaries Pursue a Case Together?

In many situations, this is the best choice. Beneficiaries with the same interests may be able to work together after appropriate conflict disclosures and review of waivers. This allows clients to pursue cases together under a contingency fee that wouldn’t qualify based on one client’s inheritance value. 

For more information, read our article, Can Siblings Hire the Same Trust Litigation Attorney in California?

What Types of Cases Are Commonly Considered for Contingency?

While we evaluate every case individually, we often consider contingency fees in matters involving trustee misconduct, executor misconduct, withheld inheritances, hidden or misappropriated assets, undue influence, elder abuse, and/or breaches of fiduciary duty. Although each case is different, contact TGLF to see whether your case qualifies. 

How Do I Find Out Whether My Case Qualifies?

Our Intake Specialists review your case to determine whether you qualify for a Free Phone Consultation with Attorney Scott Grossman. During the consultation, our attorney will offer a contingency fee or explain why our firm cannot offer one. Our intake specialist will offer a free case evaluation for your California litigation. If you qualify for our services, we will schedule a free phone consultation with Attorney Scott Grossman.