ProbateTrust Litigation

How to Pay for Trust Litigation

By July 7, 2026No Comments
trust litigation

Table of Contents

Key Takeaways

  • California trust litigation is commonly handled on an hourly retainer or a contingency fee basis.
  • An hourly retainer requires clients to pay legal fees and case costs as the litigation progresses.
  • Under a contingency fee, you pay attorney’s fees only if the case recovers money or property.
  • Attorney Scott Grossman evaluates qualifying trust litigation cases throughout California to determine whether a contingency fee arrangement may be available.

Paying for Trust Litigation by Hourly Retainer

One way to pay for trust litigation is through a traditional hourly retainer.
Under this arrangement, the client pays the attorney’s time as the case progresses. In addition to legal fees, clients are generally responsible for litigation expenses such as:
  • Court filing fees
  • Deposition costs
  • Expert witness fees
  • Document preparation
  • Other expenses necessary to prosecute the case
Hourly representation may be appropriate for some trust disputes, particularly when a contingency fee is not available.
For more on hourly representation and if it is right for you, contact The Grossman Law Firm today.

Paying for Trust Litigation on a Contingency Fee

In certain California trust litigation matters, a contingency fee may be an option.

What Does an Hourly Retainer Cover?

Under a contingency fee, attorney fees are not paid up front. Instead, the attorney’s fee is contingent upon successfully recovering money or property through a settlement, trial, or other resolution.
Depending on the agreement, the attorney may also advance litigation costs during the case.  There is no recovery; the attorney generally does not earn an attorney’s fee for the time spent on the case.
Because the attorney assumes significant financial risk, contingency fee representation is typically limited to cases with strong legal merit and a realistic opportunity to recover assets.
At The Grossman Law Firm, Attorney Scott Grossman reviews qualifying probate and trust litigation matters throughout California to determine whether a contingency fee arrangement may be appropriate.

Which Fee Arrangement Is Right for You?

Every trust dispute is different.
The right fee structure depends on several factors, including:
  • The strength of the legal claims
  • The value of the trust assets at issue
  • Whether money or property can realistically be recovered
  • The anticipated complexity and cost of the litigation
An experienced probate litigation attorney can explain your options and help you determine which approach best fits your situation.
Attorney Scott Grossman evaluates qualifying probate and trust litigation matters throughout California and can help you understand which fee arrangement may be available for your case.

FAQ

Can trust litigation be handled on a contingency fee?

Yes. Some California trust litigation cases qualify for contingency-fee representation, though not every dispute is eligible.

What is the difference between an hourly retainer and a contingency fee?

With an hourly retainer, you pay attorney fees as work is performed. Under a contingency fee, attorney’s fees are paid only if the case results in a recovery.

Who pays litigation costs?

That depends on the agreement. In some contingency-fee cases, the attorney advances litigation costs, which are later reimbursed from the recovery, as described in the written agreement.

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) 443-6590 or 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