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Forensic,
sometimes also referred to as Heir or Probate, Genealogy serves to determine
and resolve identities and present whereabouts of possible beneficiaries, heirs,
or next-of-kin of a decedent on testate
and intestate estates. In most cases, the subjects are either missing or
unknown.
As a result, cases may be simple or complex to resolve and if the latter, may involve a great deal of investigation and expense to conclude. These cases may arise from many arenas such as from lawyers, public trustees, accountants, as well as from other known heirs themselves.
Many of these cases will be initiated by an established and legal client to us for our firm to act on their behalf in the research phase of identifying and locating the heirs/beneficiaries to the estate.
The Compensation for us may be by either a "contingency fee", "hourly fee" or some other defined contractual compensation. In these cases our fees and expenses, along with those of the Trustee or other client including the expenses incurred by them in administering the estate, will ultimately be charged to the estate for these costs. The end result, here, is that the heirs and beneficiaries, once identified and found, will assume the net payable proceeds resulting after all expenses have been paid.
However, sometimes much of this work is conducted on a purely speculative basis. Due to the fact that much of the time there is no client to initiate the search, the "contingency fee" method of remuneration is the only available method when attempting to resolve these speculative forensic cases. In this method the fees, which amount to a percentage of the amounts recovered by the heir, are received by way of formal agreements signed with individual heirs for compensation of the genealogists' involvement and expense. The fees are always contingent on the heir actually receiving any monies and is payable at the time of proceed distribution of the estate. Should there be no recovery, no fee is payable whatsoever. Regardless, the forensic genealogist assumes all of the costs in the conduct of these cases. None of these expenses are payable by the heir, directly, when the fee is on the contingency method.
Regardless of the approach, in most cases we will generally limit the search for missing and unknown heirs to existing, and active probate estates unless the inquirer can provide substantial evidentiary documentation to support the need to pursue the request further. The location of next-of-kin for inter vivos or living trusts and the search for insurance company beneficiaries remains unlimited however.
To complete the process, subsequent to the research phase, the lineages are fully documented, and proved to be correct, reports compiled as well future claims of any remaining unknown or untraceable heirs is covered by an insurance indemnity obtained by the Estate Administrator where possible. The probate process is completed by the Estate Administrator, distributions of account are calculated and finally heirs and beneficiaries are issued the proceeds, net of their payable fee.
Whether you are an heir or possible heir, represent a group of heirs attempting to prove heirship, or you are a probate attorney, trust officer for a probate case, appointed by the probate courts, or you represent a probate research firm, we can assist you with locating heirs and proving their heirship in an economical manner with one of our service and fee options.
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