We believe that when the Will was rewritten, The decedent was unduly coerced and pressured into changing the will and we believe that it was carried out in a fraudulent manner. We are looking for an estate law attorney who would consider taking this on a contingency after reviewing the facts that we have together that would support our claim.
Is this ever done in legal circles that an estate Will challenge like this is ever taken on by an attorney on contingency?
If anyone is interested, please reply.
I'm sorry for your loss. These probate cases are sometimes taken on a contingency fee. It would be worth you sitting down with a lawyer that specializes in trust, estate, and probate matters to discuss your options.
A contingency fee arrangement is not that common in probate matters. But, it is sometimes done. Obviously, the factors that will be considered by an attorney in deciding whether to accept a contested estate matter on a contingency basis will include the value of the estate and the strength of the challenge.
Good luck to you.
Most attorneys very seldom take probate matters on a contingency. The problem you have here is you have a theory. However, will you be able to prove it and turn your theory into facts?
As a FYI, forbids attorneys here from soliciting you, so while attorneys can reply to general questions, they cannot solicit your case. Contingent fee contracts in probate cases would be very rare, especially if there was a caveat. Cases charging undue influence are hard to win and rarely won, and tend to be hugely expensive. Most attorneys would require a significant retainer. No attorney could evaluate that fee or your chances without details, and you may want to call a lawyer for a consultation (something that isn't costly).
Unfortunately your situation is not uncommon. Whether someone was unduely influenced to create a will is very difficult to prove. You have to look at mental competence of the decedent when the will was prepared and executed, what kind of access the alleged influencer had over the decedent, what the living arrangements of the decedent were and who benefited from the will in a way that is not the normal order of distribution.
These cases can be handled either on a contingency or on an hourly basis. An experienced probate litigation lawyer can analyze your particular facts to determine your chances of success. Be aware that your time for filing a caveat or objection to the Will is very short and you should not waste time getting an interview with an experienced attorney to review the facts of your case.
If a lot of money is at stake, you should be willing to pay an attorney up front with a customary retainer, considering the comments about the difficulty of these cases.
