When it appears you are cut out of an estate, probate distribution or inheritance from a trust, you should promptly seek counsel. Time is critical, as there are a number of statutory provisions that limit will, estate and trust challenges. The law does not favor those who sit on their rights. Statutes of limitation are uniform throughout California - whether the trust or probate dispute arises in San Francisco, Oakland, Sacramento, Los Angeles or San Diego.
Those confronted with disinheritance often face stark choices. Grief, betrayal and disbelief are a potent mix that may easily delay or eliminate any challenge against a wrongdoer. For those who seek action, there may be difficulties in paying for an estate and trust litigation attorney. Hourly fees, contingency fees and a mixed reduced hourly/reduced contingency are a payment option that can be explored and negotiated between an attorney and client.
Contingency fees may be available when a money recovery or something of value such as real estate can be awarded. Remember that attorney's fees in these cases are based on a favorable outcome. Such agreements generally provide that the contingency fee percentage will apply to any award, verdict, judgment, settlement or compromise.
If the recovery consists of payments made over a period of time, there can be arrangements made that calculate the present cash value of the stream of income, with the attorney's fees paid out of the first funds or property received by the client.
Contingency fee agreements may be your key to having a fighting chance in the courtroom. Not all cases are appropriate for contingency fees, and the arrangement is ultimately dependent on a willing attorney and a willing client. Written fee agreements with proper disclosures are required.
If you would like to speak with Hackard Law about whether a contingency fee agreement may be possible for your California probate, trust or estate case, then call us at 916-313-3030. We look forward to speaking with you.