When does a Contingency Fee for Florida Probate Litigation Make Sense? 7 things for heirs to consider

Did you get dis-inherited from a Florida will or by a Probate Lawyer Palm Beach?  Or, maybe you inherit, say, 50% or half, of the estate under the will ,or your mother’s revocable living trust, but you want to know where all the money is. You are wondering, perhaps…. whether a contingency fee probate lawsuit makes sense. Well, here are 7 things to consider, when, well, considering acontingency fee for probate lawsuits in Palm Beach…. or, put another way, here are 7 things for heirs and cut out beneficiaries of a Boca Raton will or probate or Florida trust to consider when you think about asking a probate lawyer Palm Beach to take your probate case on a contingency.

Does a contingency fee make sense for a Palm Beach probate?

1. The Basics. A contingency fee Florida is where you, the client or prospective client, don’t pay the Palm Beach Probate litigation law firm attorneys fees unless your case has a recovery. A recovery is usually thought of as obtaining something –anything– ofvalue for you.  This can include what you think you already are going to inherit, or what you think you might inherit.   If there is no recovery, the client to a Palm Beachestate lawsuit contingency fee Florida does not have to pay your probate lawyer Florida attorneys fees (assuming you have a typical contingency fee contract.) You are still responsible for costs and expenses, so keep this in mind. Now, in exchange for this risk, your estate law firm will take a percentage of your recovery, if you win your Palm Beach Gardens probate or if there is a settlement. Also, understand that most law firms want a retainer or initial fee and want to be paid every month, with each invoice. Acontingency fee might, maybe, not necessarily, waive the retainer and will certainly in almost all cases, waive getting paid each month: you have agreed to pay only if there is a recovery at the end of the Florida probate litigation or upon winning damages attrial, or obtaining some or all of the recovery. Including after a probate mediation which settles the case.  So, your probate law firm “gives up” getting a retainer, gives up getting paid every month, gives up that certainty of getting paid for all the work it will do on your Boynton Beach probate case.  What else is the law firm giving up? Well, it’s taking on risk.  The risk to the law firm is that you don’t get a recovery, that is, you don’t win your probate lawsuit and therefore the law firm does not get paid.  (Because, remember, on a typical contingency fee Florida, if there is no recovery, the law firm does NOT get paid.)  In exchange for giving up the certainty of getting paid, and in light of the risk which the law firm is taking on, you agree to give them a percentage of your inheritance.  What do you get?  Well, you get trial counsel, a probate litigator to try to make your case for you. And you don’t have to shell out thousands and thousands of dollars each month for a year or two, or three.
2. Don’t forget the costs to your estate lawsuit !!! Who pays costs in contingency fee Florida cases? Most law firms won’t agree to pay your costs of litigating a Miami probate lawsuit, sometimes, but not always, known as estate litigation Florida or inheritance litigation Palm Beach. The Florida Bar also places limitations on what monies may or may not be spent or advanced by a West Palm Beach probate litigation law firm for a client. Most Delray Beach probate law firms won’t pay your costs for a Palm Beach probate any more than they will pay your FLP bill or your dry cleaning bill. Most law firmsdon’t even want– won’t even consider !!! — a probate contingency fee. Most probate lawyers are not, understandibly, going to finance the costs of your litigation. So keep costs in mind. Have a budget. A contingency fee is not necessarily the end of your lawsuit analysis.
3. Loser Pays? Understand that in Florida estate law, be mindful of the “loser pays” provisions of the Florida Probate Code: what I call the X Factor. You need to me mindful that if you lose, and there is no recovery, while you may not have to pay a contingency fee to your Palm Beach estatte litigation law firm, you may have to pay the other side. So, my point? Well, a contingency fee may make sense for you paying YOUR probate attorney, but be mindful of the downside, or the risk, of your Jupiter, Florida estate disputes. While a contigency fee can help you with your attorneys fees, understand what happens if you lose, and whether the loser pays.
4. Proving Damages. Remember we discussed costs ?  ? Well, remember that you may have big costs for estate lawsuits, depending on any number of factors or circumstances.  Since proving damages is an essential element of your inheritance lawsuit Ft. Lauderdale, you better know how you are going to prove damages.
5. Do you understand Florida damage law in probate lawsuits for lost inheritance?  How about tortious interference with an inheritance, also known in Florida probate circles as tortious interference with an expectacny Florida probate.  What does your Boca Raton probate litigator say about consequential damages or the chance to ask for attorneys fees as special damages? You may need a damage expert to give an opinion on what is the amount of damages in your Florida estate lawsuit.
6. Do you want to give up the upside for keys to the courthouse door? Trust Palm Beach lawsuits and Florida trustee lawsuits are expensive. So, consider whether a contingency fee is right for you. While you can give up upside if you win or win damagesat the trust trial Florida, you do have some downside protection regarding your attorneys fees. Conduct an analysis and understand, sincerely, how much you can spend, and how much risk you are going to take. It takes a strong stomach and lots ofcommittment and focus for a person to bring a Florida probate lawsuit. Most non lawyers find litigation stressful, time consuming and not fun. Consider hiring a lawyer who actually likes her or his job and practice and Florida law firm. You should be as committed and focussed as your probate lawsuit law firm West Palm Beach.
7. Mediation is not weakness, it’s a sign of strength !  You will most likely be ordered by thePalm Beach probate judge to mediation.  This is your best chance to cut a deal before trial.  Mediation works. But go in prepared, knowledgeable and ready to negotiate fromstrength !  Probate mediation is long and tiresome for many.  In fact, it requires so much time, that one West Palm Beach probate litigation law firm which has been doing this for so long, now actually allocates two days for mediation, because there are so manypersonal issues, one day is not enough !  Anyway… my point.  If, say, they offer to settle with you by offering you $2 Million, and your probate law firm gets a contingency….. factor in the contingency. What is your bottom line?  DON’T get excited about an offer to settle your estate or trust lawsuit Delray Beach. What do you owe your lawyer and what are your costs for this probate litigation? What is the in the pocket $$$to you ?  Factor in your contingency fee BEFORE YOU SETTLE your probate lawsuit.