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Will an attorney do a will contest on a contingency basis?

Eaton Rapids, MI |

I would like to contest a will.

Attorney Answers 2

Posted

I am not licensed in Michigan but in my experience, attorneys will only take a case on contingency where victory is almost guaranteed - examples are personal injury or medical malpractice cases.

In all other cases, a client is expected to pay. I have no idea of the facts and circumstances on which your will caveat would be based or the likelihood of success or how much you would statnd to inherit iif the will cavbeat is successful.

Litigation in general is very very expensive. So, you had better be certain that you have concrete evidence or that you will stand to gain substantially by getting the will thrown out.

And even if you have a good case and a lawyer will agree to take the case on contingency, the lawyer may want a larger percentage of any recovery. They may also ask you to foot the bill for some of the expenses - depositions, filing fees. These are generally separate from the attorney fees.

What I would suggest you do is take the will and any other supporting documents to a probate litigation attorney who practices in the county/state where the estate is pending or administered. Pay the attorney to review the documents and give you an opinion as to the likelihood of success and estimated cost for a caveat. You can ask the lawyer if they will consider a contingency fee, but my guess is that most lawyers will not in this situation.

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Posted

Ms Hunter as always offers great insight and information. If you have what you think is a valid contest you need to meet with an estate litigation attorney to see if it is worth pursuing. The facts, circumstances and evidence are what needs to be explored. These are hard cases to win, but not impossible. As a result, you will be hard pressed to find an attorney who will do it on a contingent basis. Mr. Frederick is an excellent MI attorney and he regularly answers questions here at Avvo. You would be well served to touch base with him.

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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