Table of Contents
- Key Takeaways
- What Is a Contingency Fee Agreement?
- When Contingency Fees Make Sense in Probate or Trust Litigation
- Common Case Types Suited for Contingency Fee Agreements
- Will and Trust Contests
- Trustee or Executor Removal
- How Contingency Fees Are Structured in California
- Is a Contingency Fee Agreement Right for You?
- Related Resources
- Frequently Asked Questions
- How The Grossman Law Firm Can Help
Key Takeaways
- A contingency fee agreement allows you to pursue a case without paying upfront legal fees.
- The attorney is paid only if you recover money or property through settlement, judgment, or appeal.
- Contingency fees in California probate or trust litigation typically range from 33⅓% to 50%.
- These agreements are most common in will contests, trust contests, and trustee removal cases.
- The Grossman Law Firm handles select high-value trust and probate litigation matters on a contingency fee basis.
What Is a Contingency Fee Agreement?
If you haven’t received your rightful inheritance but can’t afford to pay a lawyer upfront, you may be wondering how to move forward.
In California, some probate and trust litigation attorneys, such as The Grossman Law Firm, offer contingency fee agreements that make it possible to pursue justice without incurring hourly legal fees.
A contingency fee agreement means your attorney only gets paid if you recover money or property through the case. When the case resolves—whether by settlement, judgment, or appeal—the attorney is reimbursed for expenses (such as filing fees, deposition costs, and expert witness fees) and receives a percentage of the recovery as compensation.
When Contingency Fees Make Sense in Probate or Trust Litigation
Not every law firm or every case qualifies for a contingency fee arrangement. Most California probate and trust litigation attorneys charge by the hour. However, contingency representation may be available when:
- The potential recovery is substantial (usually at least $500,000 or more).
- The facts of the case strongly support the client’s position.
- The client does not have the financial resources to fund hourly litigation.
These cases enable clients to move forward without the burden of large retainer payments or ongoing billing, making contingency fees a more accessible option for beneficiaries or heirs seeking justice.
Common Case Types Suited for Contingency Fee Agreements
Will and Trust Contests
Will and trust contests are among the most common cases handled on a contingency basis.
In these disputes, one or more beneficiaries are disinherited or receive a significantly reduced share under a questionable will or trust. The person benefiting most from the disputed document is often the one who 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 arrangement may allow you to contest it without paying up front.
Trustee or Executor Removal
Contingency fee agreements can also apply when beneficiaries seek to remove a trustee or executor who is mismanaging or wrongfully taking trust or estate assets.
While it may seem unusual for a removal case, it often fits well because:
- The beneficiaries’ inheritance is being withheld or depleted.
- The current trustee or executor can use estate funds to pay their attorney for defense purposes.
- 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.
How Contingency Fees Are Structured in California
Under California law, contingency fees in probate and trust litigation generally range between 33⅓% % and 50% of the amount recovered. The percentage depends on:
- The complexity of the case,
- The estimated length of litigation, and
- The potential risk the attorney assumes.
Once the case concludes successfully, the attorney is reimbursed for costs advanced (such as court filing fees, document preparation, and expert witness expenses) before their percentage is calculated.
Clients should always review and sign a written contingency fee agreement, as required under California Business and Professions Code §6147, to ensure transparency about how fees and costs will be handled.
Is a Contingency Fee Agreement Right for You?
Choosing between hourly and contingency fee representation depends on your financial situation, the strength of your case, and the amount at stake.
Some clients hesitate to give up a percentage of their recovery, believing it’s “too expensive.” However, the reality is simple:
You can receive 100% of nothing—or a portion of a successful recovery with professional legal representation.
If you believe a trustee, executor, or another party has wrongfully withheld your inheritance, a contingency fee arrangement may be your best path to justice.
Related Resources
- Trust Litigation Costs in California
- 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties
- How to Get Your Trustee to Distribute Your Inheritance
- Executor’s Duties in California: What Happens If They Breach Their Fiduciary Duty?
- Know What You’re Getting Into: The Timeline of a Trust and Estate Lawsuit
FAQ
Can every probate or trust case be handled on a contingency fee basis?
No. Each case is evaluated individually based on its size, complexity, and likelihood of success.
What happens if I lose the case?
If you lose, you typically won’t owe attorney fees. However, you may still be responsible for certain court costs or third-party expenses outlined in your agreement.
Does The Grossman Law Firm take contingency cases?
Yes. The Grossman Law Firm considers select high-value probate and trust litigation matters for contingency representation after a case evaluation.
How can I find out if my case qualifies?
You can schedule a free case evaluation with our Intake Specialists to determine whether your case is a good fit for a contingency fee structure.
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.
Our firm evaluates each case carefully to determine whether a contingency fee agreement is appropriate. If so, we handle your case without upfront legal fees—so you can focus on recovering your rightful inheritance.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you.
Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: August 09, 2018