Key Takeaways
- Probate attorneys should use Heir search firms for probate cases as part of their fiduciary duty.
- Heir search firms, such as HeirPros, ensure a smooth process when attorneys are faced with missing or unknown heirs, complex family structures, unverified relationships, strict timelines, and more.
- Besides their research and documentation prowess, probate genealogists are ethical, most affordable, and ready to appear in court.
Whenever you’re faced with a probate case, the last thing you’d want is for it to drag on for years, with fighting beneficiaries and eventually harming your reputation. But with the steady increase in blended families, complex family structures, and estrangements, the need to involve heir search services cannot be overemphasized.
When handling a weighty matter such as inheritance and estate distribution, the rule of competence and diligence as captured in the American Bar Association (ABA) Model Rules of Professional Conduct is put to the test. One key requirement is to account for all the beneficiaries and notify them of the open case—this is where heir search firms such as HeirPros come in.
What Are Heir Search Firms?
As the name suggests, heir search firms provide professional services to locate missing or unknown beneficiaries to an estate. These professional investigators are trained and certified in the study and structure of families and family history. They expertly locate quality evidence that accurately connects identifying individuals.
Scenarios Where Heir Search Firms Are Especially Beneficial
You need to consult a genealogy research firm if the following scenarios manifest in your probate case:
- Complex Family Structures: family structures with relatives living abroad, estranged lovers, adopted children, divorcees, missing beneficiaries, illegitimate marriages, half-siblings, second cousins, etc., require a detailed heir research to avoid risk of estate disputes.
- Lack of Proper Documentation: The probate court requires some proof of kinship from heirs during estate distribution. Professional genealogists can help account for all heirs and attach the relevant evidence to the genealogical report.
- Time Sensitivity: If you’re working on a strict timeline, an heir search firm can help quickly locate and inform all the beneficiaries. They can also have the necessary documentation compiled quickly and accurately to guarantee a nod from the courts.
- Compliance With Inheritance Laws: Heir search professionals, being veterans in probate matters, ensure you comply with relevant laws in your jurisdiction, may it be on evidence, cross-border transactions, or consanguinity search types and distribution methods.
How Heir Search Services Help Navigate These Intricate Scenarios
Below are the six key areas where legal heir search services add value in probate:
Affordability
Heir search firms are not heir hunters who employ aggressive tactics to exploit unsuspecting beneficiaries. An ethical firm will only commence research for an heir in agreement with the estate executor, administrator, or courts.
Heir hunters have tarnished the industry with their hideous strategy vested on the financial outcome of the case. They lure beneficiaries to sign percentage-based contracts in the guise of angels with news about a hidden treasure. The result is a notable percentage of the beneficiary’s estate ending up in hands not intended by the decedent.
On the contrary, heir search firms charge an hourly rate. For example, if it takes 20 hours, you pay only about $2,200 to enjoy all the necessary search services to rest your case. All heirs will be accounted for and notified without having to part with a percentage of their inheritance.
Note that heirs could still legally challenge any percentage-based contracts they had signed with the deceitful hunters. One effective way to ward off opportunists is to hire a family history research firm and file a Letter of Authorization with the probate court.
Research Expertise
Completing an accurate family tree and tracing lineages in the modern world is not an easy feat. Thankfully, this is exactly what probate genealogists do. They have a knack for finding the unavailable information and interpreting it scientifically, legally, and culturally.
As family history researchers, these professionals have cultural history at their fingertips. Therefore, they’ve got nuanced insights about aspects like local records, migration patterns, and cultural practices. This makes it easy for them to interpret the tiniest clue and use it to breakthrough brick walls.
Professional heir researchers are also experts in perusing historical documents and determining the appropriate ones for your case. For key records such as the Ellis Island passengers’ list, they probably have it in their library. If you want scripts and legal jargon in land grants and wills simplified, look no further.
What’s more? Probate genealogists are members of genealogical societies rich with files, expertise, and community assistance. It means they can quickly conduct international research, network, and access historians and activists.
Specialized Tools
Genealogical societies are a crucial tool for probate genealogists as they provide exclusive expertise and insights. Besides, being a member of an heir search firm or a society simplifies access to archives and libraries across jurisdictions.
From societies to online databases, resources for an heir researcher could be overwhelming. The advantage is that they know where to look. So, whether you’re dealing with an international family structure, unknown Irish descent, or confusing name patterns, it could take an hour for the researcher to set the record straight.
Thanks to advanced technology, heir search firms also incorporate forensic genealogy to accurately align families and their relatives. Techniques such as ink dating and UV lighting have proved effective in reading through faint writings and curbing the rampant cases of alterations.
Verification
Heir Search firms are the go-to professionals when you want to reconstruct a family tree and verify research. You could be embroiled in conflicting information, dubious sources, and blatant inaccuracies that require some review before submission.
Your heir search firm should get to the bottom of it, providing concrete evidence including DNA, birth, marriage, and death records. The best part is that these firms go as far as tracing tax returns, applotment books, family bibles, Petitions for Guardianship, obituaries, land deeds, etc., for information.
Proper Documentation and Reporting
The documentation process is the culmination of the in-depth research the probate genealogists conduct on your subjects. The key components of a professional genealogical research report include evidence, sources, and findings.
Heir search firms provide a detailed court-ready report with an accurate family tree to enhance your submission’s credibility. The professionals in your chosen firm may also appear in court, if necessary, to shed light to nuanced aspects in the case or report.
Practice Due Diligence
Probate professionals should use heir search firms when faced with complex family structures, missing heirs, strict timelines, incomplete family trees, and unverified documentation. These are the common causes of estate disputes and prolonged proceedings.
Working with an heir search firm reduces the risk of liability and enhances the defensibility of your due diligence in court. With a detailed genealogical report, you avoid impacts on your fiduciary duties, and most importantly, you help the bereaved settle their estate matters amicably.