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Key Takeaways
- Not every California trust or probate litigation case qualifies for a contingency fee.
- Attorneys evaluate the strength of the evidence, potential recovery, and likelihood of success before accepting a case.
- A larger potential recovery alone does not guarantee a case will qualify.
- The Grossman Law Firm evaluates qualifying trust and probate litigation matters throughout California.
What Attorneys Look for Before Accepting a Case
Many beneficiaries ask the same question: “Will my case qualify for a contingency fee?”
The answer depends on the facts because no two trust disputes are exactly alike. Before accepting a trust litigation case on contingency, an attorney must determine whether there is a realistic opportunity to recover money or property for the beneficiary.
Some of the factors attorneys consider include:
- Is there evidence of trustee misconduct, undue influence, fraud, or another legal claim?
- Can the claim be proven with documents, witnesses, or other evidence?
- Is there money or property available to recover?
- Do the potential benefits justify the cost of litigation?
- Has the applicable legal deadline expired?
No single detail makes or breaks a case. At The Grossman Law Firm we look at the whole picture before making a decision.
A Common Situation
To protect privacy, the names and details here are changed. The numbers are examples to help explain how these cases work.
After Daniel’s father died, Daniel expected the trustee to follow his father’s wishes and distribute his inheritance. Instead, he heard almost nothing for months. When Daniel finally got some answers, he learned his uncle—the trustee—had moved trust assets into his own name.
Daniel realized he needed a lawyer, but every litigation firm he called wanted a $25,000 retainer up front. He had left his job to care for his father and was behind on bills. Daniel believed he should receive about $375,000, but he simply did not have the money to hire a lawyer and fight for his share.
When Daniel called The Grossman Law Firm, we talked about his case—not his bank account. After looking at his case, TGLF decided it qualified for contingency-fee representation.
If Daniel had given up because he could not afford a retainer, he might have lost the entire $375,000 he believed his father wanted him to have.
With a contingency fee, Daniel could move forward without paying attorney’s fees up front. If the fee was one-third, or about $125,000, and expenses were $10,000, Daniel would still receive $240,000 from his inheritance.
Without a contingency fee, Daniel would not have been able to pursue his case at all. Instead of walking away with nothing, he recovered about $240,000. That money helped him pay off debt, get back on his feet, and receive much of what his father wanted for him.
For many California beneficiaries, the biggest obstacle is not whether they have a valid claim—it is whether they can afford to enforce it. A contingency fee may make it possible to pursue an inheritance that would otherwise be lost simply because the upfront cost of litigation is too high.
To learn more about the costs of pursuing trust litigation, read our article, Trust Litigation Costs in California.
FAQ
Does every trust litigation case qualify for a contingency fee?
No. Every case requires an individual evaluation based on the facts, available evidence, potential recovery, and legal issues involved.
Does a larger inheritance automatically qualify?
No. Attorneys consider many factors when evaluating a case. The size of the estate is only one part of the analysis.
How can I find out if my trust litigation case qualifies?
The best way to find out is to speak with an experienced California trust litigation attorney who can review your situation and explain your options.
Related Resources
How The Grossman Law Firm Can Help
If you believe a trustee has mishandled trust assets or withheld your inheritance, the first step is to see if you have a strong legal claim. I review trust and probate cases throughout California to determine if contingency fee representation is an option.
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 to discuss your situation and find out if your case may qualify.
Our Intake Specialists will review your case for free. If your case qualifies, you will be scheduled for a free phone consultation with Attorney Scott Grossman.