Contingency Fees in Probate Cases

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Probate and trust disputes can become expensive and many individuals do not have the financial resources to pay hourly or flat legal fees for a Florida probate or trust litigation lawyer. Whether it is a breach of fiduciary duty, mismanagement of a Will or trust, or any other number of inappropriate actions, limited financial means should not prevent anyone from seeking justice and protecting the wishes of loved ones who have passed. Contact a Florida probate litigation attorney at our firm. We do not charge you a fee unless we win your case.

About Contingency Fee Agreements

When a Florida probate and trust litigation lawyer accepts a case on a contingency fee basis, he or she agrees to litigate the case without receiving payment unless they obtain a recovery. Therefore, the legal fees are “contingent” upon receipt of a recovery through a settlement or court judgment. The amount of the contingency fee varies, because it is a percentage of the total recovery amount.

Benefits of Contingency Fee Agreements

Many Florida probate and trust litigation lawyers charge hourly rates or flat fees. Often, an upfront retainer fee is also required. With these payment structures, the client assumes all of the financial risk, whereas contingency fee agreements place the risk upon the law firm in the event no recovery is secured. The most prominent benefit of contingency fee arrangements in probate and trust cases is that it allows claimants to pursue probate or trust litigation despite not having the financial capacity to pay an hourly rate or flat fee.

In addition, probate and trust litigation cases are often lengthy, some even lasting years. In a common scenario where one child has been disinherited or has received a reduced inheritance and does not have the financial means to challenge the will or trust, a contingency fee agreement would enable him or her to file a lawsuit without upfront attorney fees. Contingency fees are also beneficial in situations where a trustee, executor, or other fiduciary has administered funds in a way that violates the terms of the trust or Will. In such a case, the fiduciary may be held personally liable for the improper disposition of funds.

Probate cases in which contingency fee agreements may be beneficial include:

  • Will contests
  • Trust contests
  • Removal of an executor or trustee
  • Breach of fiduciary duty
  • Mismanagement or misappropriation of trust assets
  • Self-dealing by a trustee
  • Mismanagement of the estate
  • Beneficiary claims
  • Elective share litigation

Experienced Florida Probate Trial Lawyers

At Kelley | Uustal, we only handle Florida probate and trust litigation cases on a contingency fee basis. You will not pay any upfront legal fees for your probate case; we only receive payment if you receive a recovery. Our Fort Lauderdale probate litigation lawyers have the experience, ability, and willingness to handle these cases and secure favorable results for clients.

If you have a disputed Will, trust, or probate case, contact a probate litigation attorney at Kelley | Uustal today to schedule a free case evaluation.