If you believe you were unfairly excluded from a will, or suspect undue influence, lack of capacity, or fraud, you may be considering a will contest in Texas. One of the first questions most people ask is whether they must pay a lawyer up front.

The answer depends on the facts of the case, the evidence available, and the size of the potential recovery.

What Is a Contingency Fee in a Texas Will Contest?

A contingency fee arrangement allows a lawyer to represent you without requiring payment up front. Instead, the attorney is paid a percentage of any recovery obtained, typically 33%–40%. If there is no recovery, no attorney’s fee is owed, although litigation costs and expenses may still apply depending on the agreement.

Not all will contests qualify for contingency fees. These arrangements are reserved for cases where the potential recovery justifies the cost and risk of litigation.

While many attorneys will not handle will contests on a contingency basis, we accept a limited number of cases after careful evaluation. Small estates typically don’t lend themselves to contingency fees when contesting a will, large estates do. Small and large are relative terms, but generally, if the part you win is less than $500,000, it is a small estate.

When Will Contests Qualify for Contingency Fees

Contingency fee will contests will typically have a combination of the following:

• Strong legal grounds, such as undue influence, lack of testamentary capacity, fraud, or forgery
• Substantial assets at stake
• Clear, objective evidence, including medical records, financial records, witness testimony, or expert opinions
• A realistic path to recovery, considering estate liquidity, competing claims, and settlement potential

Every case is fact-specific and requires careful evaluation.  You will need to speak to someone in our office to evaluate your case and whether it is a case we will consider payment on a contingency fee basis rather than on an hourly basis.

Other Inheritance Disputes That May Qualify

In limited circumstances, contingency fees may also be appropriate in other inheritance disputes where a client has been wrongfully deprived of a clearly identifiable financial benefit, including:

• Life insurance and beneficiary disputes
• Trust disputes involving misused or withheld assets
• Common-law spouse or surviving spouse claims
• Heirship and intestate succession disputes
• Wrongful distributions or fiduciary misconduct

The same analysis applies: the recovery must be substantial, the evidence strong, and collection realistic.

The Right Case and the Right Client

Because contingency fee cases require the firm to assume significant risk and advance costs, we are selective. When we accept a case on a contingency basis:

• Our firm advances litigation expenses
• Costs are reimbursed from the recovery if the case is successful
• Attorney’s fees are calculated before expenses are deducted

We do not accept contingency fee cases unless we believe the client has been wrongfully deprived of a substantial inheritance and the case has a realistic path to recovery.

Talk With a Texas Probate Litigation Attorney

Will contests and inheritance disputes are time-sensitive and highly fact-dependent. We offer initial consultations to evaluate your case, discuss potential claims, and determine whether contingency, hourly, or alternative fee arrangements may be appropriate.

Contact Baxter-Thompson Law, PLLC

📞 Call: (214) 217-2427
📧 Email: contact@b-tlaw.com
🖊️ Request a Consultation: [Contact Form]

Speaking with an experienced Texas probate litigation attorney early can preserve your rights and expand your options.

Disclaimer

This content is provided for general informational purposes only and does not constitute legal advice. Viewing this page does not create an attorney-client relationship. Fee arrangements are case-specific and must comply with Texas law and the Texas Disciplinary Rules of Professional Conduct.