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Trust Litigation Costs in California

By October 31, 2025November 3rd, 2025No Comments
cost of trust litigation

Trust Litigation Costs in California

Table of Contents

Key Takeaways

  • Trust litigation costs in California vary based on case complexity, attorney fee structure, and the party involved.
  • Beneficiaries may hire attorneys on an hourly or contingency basis; trustees typically pay attorneys on an hourly basis.
  • Contingency fees enable beneficiaries to pursue claims without incurring upfront costs.
  • Litigation can range from $5,000 to more than $150,000, depending on the length, evidence, and level of expert involvement.
  • The Grossman Law Firm handles trust litigation throughout California and offers both hourly and contingency arrangements, as appropriate.

Understanding Trust Litigation Roles: Beneficiaries vs. Trustees

The cost of trust litigation in California depends on who is involved in the case and how the attorney fees are structured. Most cases involve either:

  • Beneficiaries trying to receive what the trust owes them, or
  • Trustees defending their actions or recovering assets on behalf of the trust.

Beneficiaries can often hire a trust litigation attorney on an hourly basis or, in some cases, on a contingency basis if the case qualifies. At The Grossman Law Firm, we evaluate beneficiary cases for contingency eligibility.

Trustees usually pay hourly, unless they’re recovering property wrongfully taken from the trust and no funds are available to finance the case. In that situation, a contingency agreement may be the only viable option.

Hourly Attorney Fees in Trust Litigation

With hourly billing, the client pays for the attorney’s time plus related expenses. Rates vary based on the lawyer’s experience, the complexity of the case, and the local market. Senior attorneys typically bill more than associates or paralegals.

While hourly billing may seem predictable, costs can quickly add up. Typical expenses include:

  • Court filing fees
  • Service of process
  • Court reporters and transcripts
  • Document production
  • Expert witness fees

Hourly cases can range from a few thousand dollars to well over $150,000, depending on the complexity, discovery, and the degree of opposition from the opposing side.

Contingency Fee Agreements

A contingency fee means you don’t pay up front. The attorney is paid a percentage of whatever is recovered. If there’s no recovery, you owe nothing.

This arrangement works best when:

  • You’re a beneficiary with a strong claim
  • The trust or estate has significant value
  • There’s a strong likelihood of success

Contingency fees make litigation accessible for beneficiaries who can’t afford hourly billing but are pursuing a meaningful inheritance or asset recovery.

How Our Firm Structures Contingency Fees

At The Grossman Law Firm, we use a tiered structure based on the stage of resolution:

  • 25% if resolved before filing in court
  • 33⅓% % if settled at least 90 days before trial
  • 40% if resolved within 90 days of trial or after judgment

Out-of-pocket costs, such as filing fees, transcripts, expert witness fees, and certified document copies, are reimbursed at cost—no markup. You only pay these if there is a recovery.

When a Contingency Fee Might Be Right for You

A contingency fee shifts financial risk from you to your attorney. Before offering this structure, we evaluate:

  • The strength of your claim
  • Supporting evidence
  • Potential recovery value
  • Whether the opposing party can satisfy a judgment

This model enables you to pursue justice without upfront costs, aligning your attorney’s incentive with your success.

How Fees Apply to Common Trust Litigation Case Types

Breach of Fiduciary Duty

These are the most frequent trust disputes, such as:

  • Failing to provide an accounting
  • Mismanaging assets or self-dealing
  • Refusing to make distributions

Beneficiaries may retain attorneys hourly or on contingency, depending on the facts. Trustees defending themselves typically pay hourly. Clear-cut breaches can be resolved quickly and affordably; combative cases, on the other hand, tend to be more costly.

Challenging an Account

Disputing a trustee’s accounting can be a document-heavy and expensive process, especially if you require the services of expert witnesses, such as forensic accountants. Issues may include inflated expenses, missing income, or questionable transfers: the more documents and witnesses involved, the higher the cost.

Trust Contests

A trust contest challenges the validity of a trust or amendment on grounds such as undue influence, fraud, or lack of capacity. These cases often require:

  • Medical records
  • Expert testimony
  • Witness depositions

Because they hinge on complex factual issues, trust contests are time-intensive and can cost $100,000 to $150,000 per hour.

Third-Party Property Disputes

When property that should belong to a trust has been transferred wrongfully, litigation may be necessary. Examples include:

  • A home deeded to another person under suspicious circumstances
  • Bank accounts retitled shortly before death

If the trustee refuses to act, the beneficiaries can file a lawsuit directly. These emotionally charged cases tend to be hard-fought and expensive.

Factors That Affect Litigation Costs

Several variables influence total cost:

  • Complexity: More issues mean more attorney time.
  • Duration: Longer cases require more hearings and filings.
  • Number of Witnesses: Each deposition adds cost.
  • Volume of Documentation: Large records may require expert analysis.
  • Judicial Approach: Some judges move cases faster than others.
  • Settlement vs. Trial: Early settlements dramatically reduce expenses.

Overall, California trust litigation costs can range from $5,000 for simple matters to over $150,000 for complex trials with experts and multiple witnesses.

Frequently Asked Questions

Can I hire a trust litigation attorney on a contingency basis?

Yes. If you’re a beneficiary with a strong case, firms like The Grossman Law Firm may offer contingency arrangements.

Do trustees qualify for contingency fee agreements?

Usually not. Trustees generally pay hourly unless they’re recovering misappropriated trust property and no funds are available.

What out-of-pocket costs will I pay?

Expect to pay filing fees, service costs, transcript fees, expert fees, and official document copies.

What if my case settles early?

Early settlements lower overall costs. Contingency fees are reduced based on the case’s resolution, and hourly billing ceases once the matter is concluded.

How long does trust litigation take?

Most cases are resolved within 12 to 36 months, depending on their complexity, court schedules, and cooperation from the opposing party.

Related Resources

How The Grossman Law Firm Can Help

If you’re involved in a trust dispute—whether as a beneficiary or trustee—The Grossman Law Firm can help you understand your legal options and take confident next steps.

Our firm handles trust litigation throughout California, including breach of fiduciary duty cases, trust contests, and recovery of wrongfully transferred assets. We’ll evaluate your situation and determine whether an hourly or contingency arrangement is the best fit for you.

Call us at (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case at no cost. If your case qualifies, we’ll schedule a Free Phone Consultation with Attorney Scott Grossman.

Originally Published Nov 24, 2020