8 Things About Florida Estate Contingency Fees Which You May Not Know

If you are thinking about bringing a trust lawsuit Palm Beach or perhaps filing a a will contest Broward County, you may be wondering: how am I going to pay my Florida probate litigation law firm?  Many times, prospective clients who want to object to the will or file a revocable trust Florida lawsuit want their probate attorney to take the case on a contingency fee.  Here are 8 things about Florida contingency fees which you might not have known as it relates to probate litigation in Florida. And, yes, this includes probate lawsuits over joint bank accounts.

1. A contingency fee for a probate case in Florida means that you, the client, are willing to give up or pay your probate litigation law firm a percentage of what they recover for you.   If anything. If your West Palm Beach probate litigation law firm does not obtain a recovery for you, then they get nothing. And they get no attorneys fees.  Although you have to reimburse them for costs. The recovery may be by trial, on appeal, as a result of tough negotiations and settlement, or through a mediated probate settlement agreement after mediation of your estate lawsuit. Ask yourself: are you ready to give up a chunk of your inheritance with an estate lawyer contingency fee Florida?
2. Most law firms don’t take probate cases on a contingency fee. Some probate firms may prohibit estate lawyers from taking cases on a contingency fee. Some may not take probate contingency fee cases because it’s not part of their business model.
3. Should I forget about a contingency fee and just pay my Florida inheritance lawyer each month?   Can you afford a retainer of $20,000 and then pay your invoice of thousands of dollars each and every month? If so, you may not want a contingency fee for your estate lawsuit. Why? Because if you are successful in whole or in part, you have to give up a % to your lawyer. And, and this is no guarantee, but this is one important factor:  if you win your Florida probate litigation, the Florida Probate Code and the Florida Trust Code have laws which may, no guarantee, may help you recover your probate litigation attorneys fees. Why pay a trust litigation law firm a contingency fee in Florida if you don’t have to?
4. A probate contingency fee typically does not require a client to pay a retainer or an initial fee at the beginning of your probate contingency fee case although you are still responsible for costs. And you don’t pay each month; you pay at the end, if there is a recovery for you. No probate inheritance recovery; no attorneys fees. Although you still must pay costs. So, one big advantage of a Palm Beach Gardens probate contingency fee is that you don’t go out of pocket thousands and thousands of dollars paying probate litigators their legal fees. Although be sure to get an idea or estimate on what your costs will be.
5. One disadvantage to paying a Florida contingency fee for your estate or trust lawsuit is that you have to share a big % of what your Florida trust litigation law firm recovers for you. So, you are giving up some “upside” of your potential recovery to your probate litigation law firm. Do the math.
6. Making personal & financial decisions with your Florida probate lawsuit.  If you don’t need a contingency fee then consider: Are you willing to invest thousands of dollars in your Florida trust case and lawsuit? Are you willing to pay invoices from your estate law firm each and every month? Are you willing to put your money where your mouth is? If not, then does a Florida probate contingency fee make sense? That’s a personal, mathematical and financial question only YOU can answer. But get some guidance from a good Palm Beach estate litigation law firm that has taken some cases on a contingency fee before. After all, you are giving up a big chunk of your potential probate lawsuit damage recovery and you should understand what that means and how much you may have to pay. Consider interviewing as many estate litigation law firms in Florida as you can. When you find the one that’s right for you, then discuss money and your probate case.
7. No guarantee of winning your estate case. Florida Contingency fees for probate lawsuits are not a guarantee of success. Don’t think or believe that just because a West Palm Beach probate lawyer will take your estate lawsuit on a contingency that you have a good case.  There is a real chance of losing. Ask any experienced West Palm Beach probate litigator who actually goes to court and tries probate cases and has estate trials: not just hearings and easy cases. Know the risk ! Is an estate litigator willing to take the risk of YOUR case and make it THEIR risk? Many probate lawyers don’t want to take your risk and and make it THEIR RISK. Most Palm Beach estate & trust lawyers won’t take your trust lawsuit unless you pay them a big retainer and you ALSO pay their monthly invoices on time, each and every month. Wow ! That’s a lot of out of pocket money: are you ready to spend your money? So, you have to ask yourself: does a probate contingency fee for my Palm Beach Lawsuit make sense to me and my lawyer?
8. Be Strong: strength that’s financial & personal.  Consider those estate law firms with the financial ability to not get paid until you get paid. How financially strong is your probate litigation law firm? Do they have the financial strength and flexibility to wait to get paid until the end of your lawsuit?  No fear ! Consider looking for a probate law firm that is not afraid of a contingency fee, and who can make it part of their probate practice model or their business or firm model. Evaluate those probate litigators Palm Beach, or throughout Florida, who have the confidence to go into probate court and try a will contest case in any probate court in Florida.  Find a tough estate litigator who likes a good legal “fight” and is confident with the estate and trust law and with trying a casein front of a probate court judge.