Is contesting a will worth it?
Whether a will is worth contesting usually depends on the size of the estate. If what you would receive if the contest is successful is small, then the cost may be prohibitive because litigation is so expensive. But if what you would receive if the case is successful is large, it is certainly worth while to engage an attorney to contest the will.
Large and small are relative terms but in deciding whether or not to take a case, our office uses the amount of $300,000 to mark the difference between large and small estates. If the estate is large and you can afford to pay the attorney for his time and expenses as the case goes along, it will be worth it to you if you are successful. On the other hand, if you can not afford to pay as the case progresses, an attorney will be open to discussing taking your case on a contingency basis if the estate is large.
There are many factors for the attorney to take into consideration when deciding whether or not to take a case on a contingency basis but it is not possible to take a small case on a contingency because of all the work that the attorney will have to do.
You can learn more about how we approach the question of whether or not a will is worth contesting by going to this page.