When someone passes away and there is a dispute about their estate, heirs may find themselves in a difficult position. Whether it involves a contested will, questions about asset distribution, or concerns over mismanagement, legal action might be necessary. For those who may not have the funds to pay legal fees upfront, working with our Roseville, CA contingency probate lawyer can be a practical option. In these types of cases, the attorney is paid only if there is a recovery from the estate or related claims.
Who Qualifies As An Heir
In probate, an heir typically refers to someone who would inherit property from a deceased person if there is no valid will. These individuals are usually family members, such as children, spouses, parents, or siblings. If there is a will, the people named in that document are called beneficiaries, but when legal disputes arise, both heirs and beneficiaries may have the right to take part in the case.
The first step is confirming who has legal standing. Not everyone who feels entitled to a portion of the estate automatically has the right to bring a legal claim. The probate court will evaluate the relationship between the deceased and the person asserting rights to determine whether they can participate in the case.
Common Disputes Heirs May Face
Disputes can arise for several reasons. Sometimes an heir believes the will is invalid — maybe due to undue influence, fraud, or lack of capacity. Other times, someone who expected to be included in the will is left out entirely or receives much less than others. Disagreements can also occur over how the estate is being managed by the executor or administrator.
In these cases, heirs may need to bring legal claims to challenge the will, request the removal of the executor, or seek their fair share of the estate. These actions can be expensive and time-consuming, which is why some heirs choose to work with attorneys on a contingency basis. This allows them to pursue their rights without having to pay upfront legal costs.
What Contingency Representation Means For Heirs
When an attorney agrees to take on a probate case on contingency, the client does not pay fees unless the case is successful. This can be helpful for heirs who have valid claims but limited financial resources. The attorney’s payment usually comes from any funds recovered from the estate or awarded by the court.
This type of arrangement may apply in cases involving contested wills, wrongful death claims brought through the estate, or disputes over hidden or misappropriated assets. It’s important to understand that not every case qualifies for contingency representation. The strength of the claim and the potential value of the estate are major factors.
Rights And Responsibilities Of Heirs In Probate Litigation
Even when represented on contingency, heirs still have important responsibilities. They may need to provide documentation, testify in court, or assist with gathering evidence. Cooperation and communication are key to helping the case move forward effectively.
Heirs also have the right to receive information about the probate proceedings, including accountings from the personal representative, notices about court hearings, and updates on the status of the estate. If an heir feels they are being excluded or treated unfairly, they may have the right to object or ask the court to intervene.
It’s also worth noting that probate matters are public record. That means anyone involved in the case, including heirs, should be mindful of how they handle personal and financial information during the proceedings.
Let’s Talk About Your Case
At Yee Law Group Inc., we help heirs pursue their rights in probate disputes, including cases where payment arrangements are based on a contingency. Founding attorney Michael Yee has a strong background in estate and real estate law. Prior to starting Yee Law Group Inc., he worked at one of Sacramento’s most respected real estate law firms. His work has earned recognition as a Top Lawyer by Sacramento Magazine in 2020, 2021, and 2022, along with the Avvo Clients’ Choice Award in 2019 through 2022.
If you’re an heir involved in a probate matter and want to explore your legal options, reach out to speak with our Roseville contingency probate attorney. We’re here to help you understand your rights and move forward with confidence. Call today to schedule a consultation.