Heir Finding and Genealogy

Heir finding and genealogy services are a crucial form of litigation support for many types of cases, including:

Asset inheritance – particularly when the estate owner dies intestate
Complex or contested probate cases
Beneficiary trust cases – particularly when trust ownership is unclear or contested
Abandoned property or property partitioning cases
Unclaimed life insurance or pension benefit cases
Business succession cases

In general, heir finding and genealogy services are necessary when asset ownership is unclear or contested. As the stakes can be quite high in asset ownership litigation, it’s important to get the genealogy right.

What do Heir Finding and Genealogy Services Include?

Heir finding and genealogy services utilize various genealogy research techniques to build out accurate family trees and to determine familial succession. This is important not just for determining asset ownership, but to ensure proper due diligence and to satisfy court proceedings.

You can think of heir finding and genealogy as a two-part process that includes:

Genealogical research – The first part of the process is determining genealogical links between the estate owner or benefactor, and any potential beneficiaries. The goal at this stage is to utilize various research angles to create a precise and convincing family tree. Once these genealogical links are established, the court will use them to allocate assets or interests to the relevant heirs.

Genealogical research relies heavily on document and records searches to establish familial links between potential beneficiaries. This includes birth and death records, marriage records, census records, deeds and estate planning documentation (wills, etc.) to link the benefactor with the client. Therefore, it is essential that your genealogical expert be able to analyze and understand legal records and documentation.

If necessary, an heir finding and genealogy service can arrange for DNA testing to verify distant family links.
Heir locating and finding – Once the genealogical research is complete and potential heirs identified, the job will pivot to the heir finding process. The goal is to find potential heirs wherever they are, contact them and ensure they are represented during the litigation process. In fact, probate courts will require proof that all heirs have been located – or proof that all means to locate heirs were taken.

To track down potential heirs, experts will also rely on documents, records and database searches to find people. Investigators have access to databases that provide more detailed and up-to-date personal information. This includes access to information from international agencies – an advantage when tracking down international heirs.

Heir finding and genealogy experts are required to provide expert testimony that specifies the genealogical research methods used to identify heirs. This includes authoring detailed written reports that also explains the research methods at use – and the genealogical links established.

When to Partner with Heir Finding and Genealogy Services

Heir finding and genealogy services provide valuable information to families, potential beneficiaries and probate courts – and they do so using legally approved methods that probate courts approve of. As such, they are an irreplaceable part of many types of litigation, and if any of the following are true, it’s time to consider an heir finding and genealogy service:

An asset or estate owner dies intestate – If an estate owner or benefactor dies intestate, it means they die without a will. And without a will, the probate process is fraught with uncertainty and guesswork. Part of this guesswork is determining who is entitled to which assets. If there are many potential heirs involved, genealogy services will establish who has a familial claim to the asset in question – and who has the strongest link to the benefactor.
The probate process is contested – If probate is contested by someone claiming to be a family member, genealogy services will ensure that all contested parties are thoroughly vetted for any potential links to the benefactor. The longer probate goes on, the more expensive it becomes, and genealogy experts will expedite the process.
Identity fraud is suspected during probate or an asset claim – Identity fraud is unfortunately common in estate ownership and probate cases, especially when valuable assets are involved. The probate process is public, which can also attract potential fraudsters. To prevent identity fraud from derailing asset allocation, courts will rely on heir finding and genealogy services to verify a person’s connection to the family.
Multiple heirs are involved in business succession or property partitioning – Dividing valuable, but illiquid assets is a complex process that’s done with familial succession in mind. Establishing these familial links is the first step in properly dividing real property, a business or something similar. Genealogy and litigation support services are helpful for proper partitioning, whether the process is contested or being managed peacefully between beneficiaries.

Estate and asset ownership is, for understandable reasons, grounds for contest and potential fraud. Heir finding and genealogy services mitigate both and ensure the rightful heirs are identified and properly represented before the courts. Most importantly, expert litigation support services can guarantee this is done in accordance with best (and legal) practices. For example, heir finding and genealogy services will observe privacy laws when accessing a target’s personal information.