Legal Question in Wills and Trusts in New Jersey

As a trust beneficiary who is suing for the first of several distributions, if I get a lawyer on contingency, how are the fees calculated? The other distributions will only come due as I reach certain ages. If I don't sue I will get all of these distributions anyway, but only after the death of the person who disclaimed. In such a case, is a contingency fee calculated as a percentage of the entire trust, or as a percentage of the earnings he could make on each distribution between the time I get it and the time I would've gotten it if I didn't sue, which is my actual profit? (for this we could use actuarial tables considering the current age of the disclaimant). Do the contingency fees also apply to distributions I'm not yet entitled to because I'm not old enough? Does it apply to the shares of other beneficiaries who are not suing because they have not yet reached the ages of their first distribution, but may benefit to varying degrees from this suit?


Asked on 8/03/15, 11:39 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Generally, the fees are calculated on the recovery amount. Your case is difficult to assess, as you are entitled to the distribution, but it may not be distributed to you until some future event occurs. Thus, you know you will get the amount, the issue is when. I am unaware of any formula that covers this situation. Since you are the only person suing, it would seem that any fee would be based on your result, regardless of how many people may be affected by your result, unless the class of beneficiaries is being represented. Not having seen the terms of the Disclaimer or the trust document, I am not offering any opinion on the merits of your case.

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Answered on 8/03/15, 1:26 pm


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