Can I Sue a Trustee Without Paying Attorney Fees Upfront in California?

Yes, in some cases you can sue a trustee in California without paying attorney fees upfront. For certain trust litigation matters, our firm may take your case on a contingency fee. That means you only pay attorney fees if we recover money or property for you.

If a trustee has used trust funds for themselves, withheld your inheritance, or mismanaged trust assets, you still have options. Not having money for an attorney should not stop you from protecting your rights.

At The Grossman Law Firm, Attorney Scott Grossman represents beneficiaries and heirs across California in cases involving withheld inheritance disputes, trustee misconduct, fraud, and breaches of fiduciary duty.

Table of Contents

• Key Takeaways
• Can You Sue a Trustee Without Paying Upfront?
• When Does Trustee Misconduct Become a Breach?
• What Should I Do If My Trustee Has Breached Their Duties?
• Example: A Trustee Takes $100,000 From a Trust
• What Can Beneficiaries Recover From a Trustee?
• What If I Cannot Afford a Trust Litigation Attorney?
• FAQ
• Related Resources
• How The Grossman Law Firm Can Help

• In California, some trust disputes can be handled on contingency, so beneficiaries do not have to pay hourly attorney fees up front.
• Having clear evidence of trustee misconduct makes it much easier to evaluate your claim.
• Whether a case qualifies depends on the strength of the evidence, the financial value at stake, and whether a recovery is realistically possible.
• The Grossman Law Firm evaluates potential claims at no cost to determine whether further legal review is appropriate.

Yes, in certain circumstances.

A contingency fee allows an attorney to pursue a legal claim without charging an hourly rate as the case progresses. They take an agreed percentage of the recovery if the case is successful.

This arrangement can help beneficiaries in a legitimate inheritance dispute who lack the funds to pursue litigation.

However, not every trustee dispute qualifies for contingency representation.

An attorney must determine whether the claim has legal merit, whether enough money or property is at stake, and whether recovery is realistically possible.

For more information, read our Contingency Fees: A Guide to California Trust and Probate Litigation

California trustees have legal duties to protect trust property and act in beneficiaries’ interests.

Under Probate Code § 16002, trustees generally must administer trusts solely in beneficiaries’ interests. Section 16004 prohibits trustees from using trust property for personal profit or engaging in transactions that conflict with their duties.

Common examples of potential misconduct include:

• Taking trust money for personal expenses
• Transferring trust property without authorization
• Withholding distributions required by the trust
• Selling trust assets to benefit themselves
• Refusing to provide financial information beneficiaries are entitled to receive

A delayed inheritance or disagreement with the trustee doesn’t automatically establish a breach.

The question is whether the trustee violated a legal duty and whether the beneficiary has grounds to seek relief.

If you suspect your trustee isn’t acting in your best interest, don’t wait. Explore The Grossman Law Firm’s  20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn common warning signs and available actions.

Start by gathering the documents you already have, including the trust, financial statements, accountings, and communications with the trustee.

An attorney can review the evidence and explain whether legal action may be appropriate.

Don’t delay unnecessarily. Under California Probate Code § 16460, beneficiaries generally have three years to bring a breach-of-trust claim after receiving a written accounting or report that adequately discloses the claim, or after discovering or reasonably being expected to discover the misconduct if no adequate disclosure was provided.

Other deadlines or circumstances may affect your claim, so an attorney should review the facts before you assume you have time to wait.

Let’s look at an example.

Daniel and his sister Melissa are the beneficiaries of their mother’s trust. Melissa is the trustee.

After reviewing the financial statements, Daniel discovers that Melissa transferred $100,000 from the trust bank account to her own account.

Melissa had no authority to take the money for personal use.

Daniel wants Melissa to return the money, but she denies any wrongdoing. He believes he has a valid claim but cannot afford to hire an attorney who charges by the hour.

Why This Case May Qualify for Contingency Representation

Daniel’s situation has several factors that could make contingency representation possible:

1. Clear evidence: Bank records document the transfer, and Melissa has acknowledged using the funds.
2. Financial harm: The unauthorized withdrawal reduced the trust’s assets by $100,000.
3. Potential recovery: The money remains identifiable in Melissa’s account, making recovery more realistic than if she had spent it.

These facts may support a legal claim, although the attorney would still need to review the trust and other circumstances.

The example illustrates why a documented breach involving identifiable assets may be better suited to contingency representation than a dispute with no clear evidence or realistic source of recovery.

California law provides remedies when a trustee breaches their fiduciary duties.

Under Probate Code § 16420, beneficiaries may seek court orders requiring a trustee to return improperly transferred property, compensate the trust, or perform their duties.

Probate Code § 16440 also addresses a trustee’s potential liability for losses or improper profits resulting from a breach.

Depending on the circumstances, a beneficiary may seek:

• Recovery of missing or improperly transferred assets
• Financial compensation for losses caused by misconduct
• Removal of a trustee who has breached their duties

A beneficiary may petition the California probate court under Probate Code § 17200, subject to applicable standing requirements.

However, having a winning claim does not guarantee collection. An attorney must consider whether the money or property can actually be recovered.

For more information on recovery, check out our article: Can Beneficiaries Recover Money After a Trustee Breach in California?

You don’t necessarily need money available for an hourly retainer to pursue a significant inheritance claim.

At The Grossman Law Firm, we may handle qualifying trust litigation cases on contingency. Under our contingency arrangement, our firm advances litigation expenses and receives attorney fees only if we recover.

If your case doesn’t result in a financial recovery, you don’t owe The Grossman Law Firm any attorney fees or reimbursement of any expenses that they may have advanced.

Your written agreement determines how fees and expenses are handled.

What Makes a Case Worth Evaluating?

Before accepting a case on contingency, an attorney generally considers:

• Whether the evidence supports a trustee breach
• The value of the inheritance or assets at stake
• Whether identifiable assets or other sources of recovery exist
• The likely costs and risks of litigation

You may have a strong case even if you cannot afford to hire an attorney upfront.

At The Grossman Law Firm, we take qualifying trust litigation on a contingency basis. You can pursue your inheritance without paying any hourly attorney fees up front. If you don’t recover, you don’t owe us any attorney fees or reimbursement for any advanced litigation expenses we may have incurred under our contingency arrangement.

Don’t let attorney costs stop you from exploring your legal options. Our Intake Specialists will assess your case at no cost to see if you may be eligible for contingency representation.

Can I Sue a Trustee if I Have No Money?

Potentially. Some attorneys take qualifying trust litigation cases on contingency, letting beneficiaries pursue claims without paying hourly attorney fees upfront.

Does Every Breach of Fiduciary Duty Qualify for Contingency?

No. An attorney must evaluate the evidence, potential financial recovery, and likelihood of collecting money or property.

What Happens if I Lose My Contingency Case?

Under The Grossman Law Firm’s contingency arrangement, if your case produces no financial recovery, you do not owe the firm attorney fees or repayment of its advanced litigation expenses.

Can I Sue a Trustee Who Is Withholding My Inheritance?

Possibly. If the trustee has improperly withheld a distribution required by the trust, you may have grounds to seek court intervention. The trust terms and circumstances determine your rights.

• Overview of California Trust Litigation
• Beneficiary Rights in California
• Trustee’s Duty: What is the Prudent Investor Rule?
• How to Get Your Trustee to Distribute Your Inheritance?
• Know What You’re Getting Into: The Timeline of a Trust and Estate Lawsuit
• Can You Remove a Trustee for Mishandling Assets?
• Can’t Afford a Probate or Trust Attorney?
• Contingency Fees: A Guide to California Trust and Probate Litigation

If you believe a trustee has taken trust assets or wrongfully withheld your inheritance, you may have legal options even if you cannot afford hourly attorney fees.

Since 1999, Scott Grossman of The Grossman Law Firm has helped beneficiaries and heirs throughout California protect their inheritance rights in probate and trust litigation.

Please call (888) 443-6590  or complete our Get Help Now form to take the next step to protect your inheritance.

Our Intake Specialists can evaluate your case at no cost. We will schedule qualifying cases for a Free Phone Consultation with Attorney Scott Grossman.