Contingency Fees for Estate, Trust & Probate Litigation | Los Angeles

The 2015 Judicial Council of California Court Statistics confirms by scientific data what estate, trust and probate litigators, like those at Hackard Law, know by experience: There’s an enormous number of probate (and mental health) court trials per year in California each year – a figure exceeding 30,000.

Los Angeles County Superior Court is the 800-pound gorilla when it comes to probate and mental health court trials – totaling over 14,000 trials in the Fiscal Year of 2013-2014.  Trials mean disputes, and disputes mean attorneys plus attorney’s fees. When it comes to attorney’s fees, many clients want to know if a contingency fee is available to pursue estate, trust and probate litigation. The answer is yes – with some qualifications.

Representing wronged and abused beneficiaries in actions against a trustee, estate interloper or financial elder abuser in the Los Angeles area may be pursued through contingency fee arrangements. Such fees are not set by law and are negotiable between an attorney and his or her client. Law firms like Hackard Law regularly embrace the use of these fee arrangements and work with prospective clients to see if their case may qualify for this approach to the attorney-client relationship.

California law limits some attorney-client fee arrangements to statutory fees – such as in the representation of executors and administrators in the administration of estates in probate court. Contingency fees may be allowed if the executor or administrator secures the permission of the court and the action is extraordinary and directed against some third party.

If you remember one thing about contingency fees, it’s to explore your options. See if you are better served by an hourly fee arrangement or contingency fee arrangement. See if you have the type of case that requires statutory fees – often based on the amount of the estate.

If you believe that you will need to litigate to protect your rights in estate, trust and probate litigation in Los Angeles or elsewhere in California and you want to speak with an experienced lawyer about how to prevent further harm to you or your family, call us at Hackard Law: 916-313-3030. We’ll be happy to speak with you.