Trust Litigation Costs in California
If you haven't gotten a copy of the trust, there might be other problems in getting your inheritance. After you finish reading this guide below, you will know if you need to begin trust litigation and what you can expect moving forward.
Guide To Trust LitigationTable of Contents
- Understanding Trust Litigation Roles: Beneficiaries vs. Trustees
- Hourly Attorney Fees in Trust Litigation
- Contingency Fee Agreements
- How Our Firm Structures Contingency Fees
- When a Contingency Fee Might Be Right for You
- How Fees Apply to Common Trust Litigation Case Types
- Breach of Fiduciary Duty
- Challenging an Account
- Trust Contests
- Third-Party Property Disputes
- Factors That Affect Litigation Costs
- Frequently Asked Questions
- Learn More About Trust Litigation
- How The Grossman Law Firm Can Help
Understanding Trust Litigation Roles: Beneficiaries vs. Trustees
The cost of trust litigation in California varies based on who is initiating or defending the lawsuit and how the attorney fees are structured. Most commonly, the parties involved are either:
- Beneficiaries seeking to receive what the trust owes them, or
- Trustees defending their actions or recovering assets on behalf of the trust.
If you’re a beneficiary, you can usually hire a trust litigation attorney on an hourly basis. Some firms, including The Grossman Law Firm, may also take on beneficiary cases on a contingency fee basis if the case meets the qualifications. If you are a trustee, you’re generally expected to pay on an hourly basis—unless you’re recovering wrongfully taken property and the trust lacks funds to finance the litigation. In that scenario, a contingency arrangement may be your only option.
Hourly Attorney Fees in Trust Litigation
Under a traditional hourly agreement, you pay the law firm for the time spent on your case plus any related expenses. These rates vary by attorney experience, case complexity, and local market conditions. At most firms, senior attorneys bill at a higher rate than junior associates or paralegals.
Hourly rates may seem straightforward, but they can add up quickly. Common out-of-pocket costs include:
- Filing fees
- Service of process
- Court reporters
- Deposition transcripts
- Document production
- Expert witness fees
With hourly billing, there’s no guaranteed outcome. You’re paying for legal time, not results. Cases can range from a few thousand dollars to well over $150,000, depending on the number of issues, delays, and opposing tactics.
Contingency Fee Agreements
Contingency fee agreements offer an alternative for clients who don’t want—or can’t afford—to pay out of pocket. Instead, the law firm takes a percentage of whatever is recovered. If there is no recovery, you pay nothing.
Contingency fees are most common when:
- You’re a beneficiary with a strong case
- The estate or trust has substantial value
- There is a high likelihood of success
These arrangements are especially helpful when the person bringing the case does not have the means to pay for litigation but is pursuing a sizable inheritance or valuable trust asset.
How Our Firm Structures Contingency Fees
At The Grossman Law Firm, our contingency structure is tiered to reflect the amount of work and risk involved:
- 25% if resolved without filing in court
- 33 1/3% if settled at least 90 days before trial
- 40% if resolved within 90 days of trial or after judgment
In all cases, we are also reimbursed for out-of-pocket costs like filing fees, transcripts, subpoena costs, expert witness fees, and certified document copies. There is no markup—just reimbursement of actual expenses.
When a Contingency Fee Might Be Right for You
Contingency fees shift the financial risk from you to your attorney. Before agreeing to take your case on this basis, we evaluate:
- The legal strength of your claim
- Available supporting evidence
- The likely value of the recovery
- Whether the defendant can pay a judgment
This model gives you access to legal representation without an upfront investment and incentivizes us to resolve your matter efficiently and successfully.
How Fees Apply to Common Trust Litigation Case Types
Breach of Fiduciary Duty
These are among the most common trust disputes. Examples include:
- Failing to provide an accounting
- Mismanaging assets
- Self-dealing by the trustee
- Refusing to make distributions
Beneficiaries may hire an attorney on either a contingency or hourly basis. Trustees defending themselves typically pay hourly. If the breach is obvious—such as failing to account—the case may resolve quickly and cost less. If the trustee is combative, costs will rise accordingly.
Challenging an Account
Challenging a trustee’s accounting can lead to complex litigation. Issues may include:
- Inflated or fraudulent expenses
- Missing income
- Questionable asset transfers
The more documents and witnesses involved, the more expensive the case becomes. If expert witnesses are needed (e.g., forensic accountants), expect additional costs.
Trust Contests
In a trust contest, someone challenges the validity of a trust or trust amendment. Common grounds include:
- Undue influence
- Lack of capacity
- Fraud
These cases nearly always require:
- Medical records
- Expert testimony
- Witness depositions
Because they hinge on nuanced legal and factual questions, trust contests are time-intensive and costly. A trial may cost $100,000 to $150,000 on an hourly basis.
Third-Party Property Disputes
When property that should belong to a trust has been wrongfully transferred—often while the trust creator was still alive—litigation may be necessary. Examples:
- A house deeded to someone else under suspicious circumstances
- Bank accounts retitled shortly before death
If the trustee won’t pursue the matter, beneficiaries can sue directly. These cases are often emotionally charged and hard-fought, which can drive costs higher.
Factors That Affect Litigation Costs
Several variables influence how much a trust litigation case costs:
- Complexity: The more issues, the more expensive the case.
- Length of the Case: Longer cases involve more work and more court appearances.
- Number of Witnesses: Each deposition or testimony adds expense.
- Amount of Documentation: Reviewing records takes time—and possibly expert help.
- Judicial Preferences: Some judges are proactive; others permit more delays.
- Settlement vs. Trial: Early settlements reduce costs dramatically.
Litigation can cost anywhere from $5,000 for simple matters to $150,000 or more for trials involving expert witnesses and multiple depositions.
Frequently Asked Questions
Can I hire a trust litigation attorney on contingency?
Yes. If you are a beneficiary with a strong case, some firms—like The Grossman Law Firm—may offer a contingency fee arrangement.
Do trustees qualify for contingency fee agreements?
Usually, no. Trustees typically pay hourly unless they’re recovering stolen assets and the trust has no funds to cover litigation costs.
What out-of-pocket costs are involved?
Common costs include court filing fees, process servers, transcripts, expert witness fees, and copies of official records.
What happens if my case settles early?
Early settlements reduce overall costs. If you’re on contingency, your attorney receives a lower percentage. If you’re hourly, billing ends when the case settles.
How long does a trust litigation case take?
Most cases resolve between 12 to 36 months. Factors include complexity, court schedules, cooperation from opposing parties, and whether settlement is possible.
Learn More About Trust Litigation
Want to understand trust litigation before you begin? These resources can help:
- California Trust Litigation Guide: From Disputes to Resolution
- 20 Ways a Trustee Can Breach Their Duties
How The Grossman Law Firm Can Help
If you’re involved in a trust dispute—whether you’re a beneficiary or trustee—The Grossman Law Firm can help you understand your legal options and take the next step with confidence.
We’ve handled trust litigation throughout California, including cases involving breach of fiduciary duty, trust contests, and recovery of stolen assets. We’ll assess your case and help you determine if a contingency or hourly arrangement fits your situation.
Call us at (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.