An Equal share of the estate

Katie is suing her sister Mimi over their mother’s will which left everything to Mimi, including the lake house that has been in their mother’s family for 2 generations. Katie wants to have the will declared invalid and the estate goes into intestacy, essentially allowing Katie to receive an equal share of the estate.

Katie’s lawyer Nicole is taking the case under the following arrangement: If Katie wins, Nicole will be paid 1/3 of whatever Katie inherits from the estate.

The house was used in the summers, as were most such cottages since they were built in the 1950s. Just looking at the cottage gives the impression that it is not worth much money.

However, because of recent infatuation over lakefront property as promoted by TV shows on networks such as HGTV, the property is now estimated at worth over $1M.

Katie believes her mother, who suffered from Alzheimer’s disease was not in her right mind when she executed the will. Mimi claims that her mother knew what she was doing when she executed the will as their mother’s illness had not advanced to the stage of leaving her incompetent.

Ultimately, Katie is hoping to force a sale of the lake property so she can get the cash. Is this type of fee agreement/arrangement allowed under the rules?

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