There is an open case for my Mother's estate. I need an attorney to help me contest the will which was done by fraud. My Father's Will and Trust to which I was an heir has not been filed since his death and the personal representative removed all the assets to my Mothers Trust and Will and cut me out. I am contesting it.
Yes...depending on the size of the claim....most probate attorneys do not work on contingency basis. However, if the size of the estate is large enough then you will find some takers. Most attorneys taking a contingency case want to make at least 4x - 8x what they would have been paid on an hourly basis...just so you know. If the estate is less than $500K then you will find very few takers....if it is in excess of $5M then there will be plenty of attorneys seeking your business....this is the yardstick.
My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.
There are attorneys who will undertake probate litigation on a contingency basis; however, they want to be assured they receive a high fee. The dollars in dispute need to be large. They also base their decision on the likely merits of the case, how likely they are to win.
The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button
It is really impossible to say. Everything depends on the strength of your evidence that there was fraud and the presence of disinterested witnesses to the fraud. No one will take such a case on contingency where there is any doubt at all as to the veracity of your claim. It will be your burden to prove that such fraud exists - not the other side to prove it didn't. You mention this is regarding your mother's estate - has she passed away? How long ago did your father pass away? You state your claim is against your father's personal representative, so much will be made of the amount of time that has lapsed since his death (the doctrine of laches). Seek the advice of a probate attorney who can tell you if you have a winning hand or not. And, if so, then you can negotiate your contingency.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : [email protected] : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
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