I'm told a lawsuit over my relative's estate has settled in my favor but I must pay legal fees first to get my share. Is this legitimate?
Genuine legal settlements typically deduct attorney fees directly from the settlement amount before disbursing the remainder to you, so being asked to pay fees separately and upfront before receiving your share is a strong sign of fraud.
Last reviewed: 5 July 2026
Explanation
In most legitimate legal fee arrangements, particularly contingency-based estate litigation, the attorney's fees and costs are deducted directly from the settlement or judgment amount before the remaining balance is disbursed to the client, meaning you would typically receive a net amount rather than being asked to pay fees separately out of pocket first. This structure exists precisely so that clients aren't required to have cash available upfront to pursue or benefit from a legal claim.
Scammers impersonating an attorney or referencing a fabricated lawsuit related to a deceased relative's estate exploit unfamiliarity with how legal settlements actually work, claiming that you must pay a fee, bond, or tax before your share of a 'settlement' can be released. Since many people have limited direct experience with contingency fee arrangements, this false framing can seem plausible, especially when combined with a confident, detailed-sounding explanation and some accurate background information about the deceased.
If you're contacted about a lawsuit or settlement connected to a relative's estate that you had no prior knowledge of, verify independently by contacting the actual court where the case is supposedly filed, or asking a separate, independently chosen solicitor to review the situation before paying anything.
Common red flags
- Request to personally pay legal fees before receiving a settlement share
- No prior knowledge of any lawsuit connected to the estate
- Caller cannot provide a verifiable case number matching an actual court filing
- Payment requested via wire transfer, cryptocurrency, or gift cards
- Pressure to pay quickly to avoid losing the settlement
What to do now
- Contact the court where the lawsuit is supposedly filed to verify the case actually exists
- Consult an independently chosen solicitor before paying any fee related to an unfamiliar settlement claim
- Never pay legal fees via wire transfer, cryptocurrency, or gift cards
- Ask for all settlement documentation in writing and verify it independently
- Report suspected fraud to consumer protection or fraud authorities
Frequently asked questions
How do legitimate contingency fee settlements typically work?
The attorney's fee, often a percentage agreed in advance, is usually deducted directly from the settlement amount, with the client receiving the net balance, rather than being asked to pay fees separately before receiving anything.
What if the caller has real court case details?
Verify independently by contacting the court directly using their official public contact information, since scammers can sometimes reference real but unrelated case numbers or details to add false credibility.