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How Do I Get a Florida Estate Litigator to Take My Case On A Contingency Fee? 4 Steps

Uncategorized Sep 19, 2015
post about How Do I Get a Florida Estate Litigator to Take My Case On A Contingency Fee? 4 Steps

You just read the will of your late rich aunt from Boca Raton who had a $15 Million Florida estate and you were taken out of the Florida will.  Or, perhaps you used to be in your uncle’s $5 Million Revocable Living Trust when he lived on Jupiter Island, but you just got dis-inherited.  OK, just one more.  You live in Boston and your mother lives in Boynton Beach and you learn that someone with a Power of Attorney just took out all her money from 5 joint bank accountsfor $1.3 Million.  So, you want to sue to get your inheritance back but you can’t afford a probate litigation law firm in West Palm Beach UNLESS they take your probate lawsuit Florida on a contingency fee.  But you know that most probate law firms Palm Beach don’t take Florida probate cases on a contingency fee. So, how do you get an estate litigation law firm Florida to take your estate claim or revocable trust lawsuit on a contingency fee?  If you are looking for a Florida estate litigation law firm to take your case on a probate contingency fee and you are interviewing probate lawyers who actually try cases, and not just go to court, then consider the following tips or steps.  Good luck, because most Florida probate law firmsdon’t want cases on a contingency fee; you need a confident, financially sound probate law firm with a vibrant probate trial or estate litigation department to maybe take your case on an estate contingency fee.

  1. Find the facts.  The better your case, the better the facts, then the better the chance that the probate lawyers in Palm Beach that you are interested hiring to recover your Florida inheritance will consider taking your case.  Are you organized or all over the place?  Are you focussed on the facts? Do you even have the facts? Can you recite them orderly, calmly and correctly or are you exagerating?  Will you be upfront when asked about your case if you don’t have all the facts?  Your credibility is on the line just likeyour estate lawsuit is on the line when you interview estate litigation law firms in Florida to see if they will take your probate inheritance case on a Florida probate contingency fee.  Be prepared for that interview or phone call with the probate litigation law firms which you interview.
  2. Be excited, but don’t be crazy.  Think first before you open your mouth and start talking to an estate trial attorney about fraud, thieves, larceny, civil conspiracy, grand larceny, punitive damages.  You’ll sound like a nut if you just start seeing the devil and a bunch of ghosts everywhere and make it sound like this is WWIII or a huge, massive career making case. It probably isn’t. And remember:  if the probate litigation law firms which you are interviewing are serious trial attorneys and they are used to trying cases in probate court, they have seen this all before.  They know the questions to ask and they probably are not intimidated or excited about your case like you are.  So be calm and explain things in a rational, professional, civil  way and let that estate litigation attorney you are talking to in West Palm Beach tell YOU if there is a conspiracy, civil theft, conversion or something that can be easily explained.
  3. Focus on what the law is.  Only the probate laws and the trust and estate laws and Probate Code can provide you with relief and a path to prove damages and to get re-instated into that rich uncle’s revocable trust.  Hoping the estate will cave in and surrender is NOT a probate litigation strategy.  Sending a letter to “demand” that the executor of the will write you back into the Florida will and give you a % of the Florida probate is NOT going to happen.  What does the law say? Can you sue to object to a will in the probate? HOW do you do that? Can you sue for Fraud in a Florida estate or maybe conversion of bank accounts?  What legal path will get you your day in courtand give you an inheritance trial in Palm Beach Gardens or Delray Beach court house.  Focus, focus and focus.
  4. Interview as many probate litigation law firms as you can.  Find out who actually handles full blown trials and appeals for lawsuits in Florida for wills, trusts and estates: so called probate litigation law firms.  Note that handling trials and seeing your case to and through a probate appeal is IMPORTANT.  Is the probate lawyer you are interviewingactually trying cases and is someone who is not afraid to get it on and fight the good fight? A lot of estate lawyers Palm Beach SAY they can help you, they TELL YOU that they handle these issues, but ask them how many full day or multi day trials they have had in Delray Beach probate court or the probate court in Palm Beach Gardens. Find a trial attorney who actually knows the Florida Probate Code, the Trust Code or the Guardianship Code.  Good luck.