What is the cost of contesting a will in Texas
Published by Robert A. Ray
How much does it cost to contest a will in Texas
On this page you will learn what you need to know about the cost of contesting a will in Texas.
Do not take, or refrain from taking, any action based on what you read. You need to discuss your situation with your attorney who can advise you based on your facts.
If you have a question about a pending or anticipated lawsuit about contesting a will in Texas, use the Contact Us page at the top of the site to see if we can help.
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Contesting A Will
When you are forced to contest a will in Texas because someone is trying to keep you from your rightful inheritance, you have to retain an inheritance attorney. How you pay that lawyer may determine whether you can or can’t contest the will.
When you are contesting a will in Texas, you normally pay the attorney on an hourly fee basis. You pay month in and month out as the inheritance lawyer works on your case.
You also pay the expenses as they are incurred by the attorney. This is the preferred method of payment for the lawyer. He works, he gets paid. Expenses are repaid when they are incurred. This works well for the client as long as the client has the resources to fund the lawsuit.
Some attorneys won’t agree to contingency fees when contesting a will in Texas. They will only handle a will contest on an hourly basis. Will contest can get expensive quickly. Will contest may last for several years. In addition to the fees, the expenses can become a burden as shown by a case where a doctor charged over $34,500.00 for providing expert testimony in a will contest.
Contingency Fees When Contesting A Will?
Many people do not have the resources to fund an expensive case contesting a will. If their choice is contesting a will on an hourly pay basis or not contesting a will, they are often left not being able to contest the will.
While many attorneys won’t agree to contingency fees when contesting a will in Texas, we handle a select few will contest on a contingency basis. We won’t handle every case using contingency fees when contesting a will but we handle some. Small estates don’t lend themselves to contingency fees when contesting a will, large estates do. Small and large are relative terms but generally, if your part should you win is less than $300,000, it is a small estate.
The Right Client
We won’t agree to contingency fees when contesting a will unless our client has been or will be deprived of what is rightfully theirs by someone trying to gain an unfair advantage. If we agree to contingency fees when contesting a will, we advance cost and expenses as the case progresses. While you will have to repay these cost and expenses if you win, you are not out any money while the case is progressing. Because of the risk to the attorney, we are selective in the cases that we handle on a contingency. Attorney’s fees are paid before expenses are deducted from the recovery. I have written an article on our blog about contingency fees in will contest.
If you have a Texas inheritance dispute, we can help. The initial contact is free and there is no obligation. You need to act now because delay may mean that you lose what is rightfully yours. Click the red button to the right.
Articles on Cost
You should not be discouraged about the cost of contesting a will. Is it worth it depends on the estate involved. Ask us.
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