Our Solutions
How can Heirs at Law help?
Most simply stated, an heir at law is someone who would share in the inheritance from a probate case if the person who died (the decedent) did not leave a valid will in place.
Courts need to know that the research conducted to identify and locate potential heirs at law was diligent, thorough, unbiased, and according to applicable law. Professional probate genealogists, sometimes called forensic genealogists, present their research findings in the form of written sworn testimony called an Affidavit of Diligent Search for Kinship/Family Tree. Occasionally, a judge may require the findings to be presented as sworn testimony in person or over Zoom.
Probate laws for each state differ. Some states, such as New York, require that heirs at law be notified before a probate case can be formally opened, even if a valid will was in place when the decedent died. This allows heirs at law to contest the will before estate assets are disbursed. The State of New York considers heirs at law to be part of a class of individuals called “distributees.”
Probate research conducted after the decedent passes can be expensive and overly time-consuming. It can also prove to be a burden on the beneficiaries. For example, depending on state laws, beneficiaries may need to pay for the research upfront, potentially getting reimbursed later when the probate case is formally opened by the court and letters of administration are officially granted. While the case is waiting to be opened, assets could sustain damage and debts can remain unpaid. Also, this research can be more difficult and expensive than necessary because some needed evidentiary documents are protected by privacy laws and may require court orders to obtain them.
What about an easier alternative?
Some states, such as New York (N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.16(d)) allow the heir at law/family tree research to be conducted and documented in advance, while a person (testator) is still alive. This can be part of a thorough estate plan.
In such cases, an unbiased report outlining all of the heirs at law with appropriate evidentiary documentation can be bundled with an affidavit from the testator stating that the testator believes the report is true to the best of their knowledge. This research can be significantly less expensive than if it were done after the testator has died. They can answer questions for themselves about who their relatives are, and they have legal standing to request documents (birth, marriage, and death certificates, etc.) protected by privacy laws. Beneficiaries would not have to finance the research, and estate assets could be protected because the estate could be opened sooner.
While the legally applicable family tree research must be documented, the testator is under no obligation to contact heirs at law during the estate planning process. They need not be formally notified until after the testator has passed.
This research could be completed by the testator themselves. However, research conducted and documented by the testator is often rejected by the court as “inherently biased” because it is not thorough enough, nor does it contain enough unbiased evidence. Having the research completed by an unbiased professional can better ensure that the documentation will be accepted.
Heirs at Law, LLC is a professional forensic genealogy company. Our team assists individuals and attorney clients by conducting independent, unbiased, genealogical research and developing Affidavits of Diligent Search for Kinship/Family Tree, both for probates and living individuals developing a comprehensive estate plan.
Our Solutions
Intestate Probate Solutions
When a person dies without having written a will or having a valid will in place, they are considered “intestate.” In such a situation, the heirs are determined by applicable state laws known as “intestate succession laws.” Each state has its own laws regarding who is part of the intestate succession line and who is not. Those that are part of the succession line are called “heirs at law.” An example of an invalid will is when a wife leaves everything to her husband, but her husband died before her.
When a proposed estate administrator petitions the court to open a probate case, the heirs at law must be identified and reported to the court as part of the petition.
Courts need to know that the research conducted to find the heirs at law was diligent, thorough, unbiased, and according to applicable laws. If the proposed administrator cannot fulfill this requirement themself, professional probate genealogists, sometimes called forensic genealogists, conduct and present the research and related evidence as independent written, sworn testimony called an Affidavit of Diligent Search for Kinship/Family Tree. Occasionally, the judge will also request testimony in person or via Zoom.
Testate Probate Solutions
When a person dies having a valid will in place, they are considered “testate.” Probate laws for each state differ. Some states, such as New York, require that heirs at law be notified before a probate case can be formally opened, even if a valid will was in place when the decedent died.
This allows heirs at law to contest the will before estate assets are disbursed. The State of New York considers heirs at law to be part of a class of individuals called “distributees.”
Sometimes, a valid will can be quite old, and the estate needs further research to be conducted. As an example, say a man left funds for his brother, or his brother’s children if the brother dies first. If the brother does indeed die first, the brother’s children must be identified and located. Sometimes research to find the children would be called “missing heir” research.
Estate Planning Solutions
Some states, such as New York and others, require that heirs at law be notified before a probate case can be formally opened, even if a valid will was in place when the decedent died. This allows heirs at law to contest the will before estate assets are disbursed. Courts need to know that the research conducted to find heirs at law was diligent, thorough, unbiased, and according to applicable law.
For example, New York (N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.16(d)) allows the heir at law/family tree research to be conducted and documented in advance, while a person (testator) is still alive. This can be part of a thorough estate plan.
This research could be completed by the testator themselves. However, family tree information presented by the testator is often rejected by the court as “inherently biased” because it is not thorough enough, nor does it contain enough unbiased evidence. Having the research completed by an unbiased professional can better ensure that the documentation will be accepted.
Probate research conducted after the decedent passes can be expensive and overly time-consuming. It can also prove to be a burden on the beneficiaries. For example, depending on state laws, beneficiaries may need to pay for the research upfront, potentially getting reimbursed later when the probate case is formally opened by the court and letters of administration are officially granted. While the case is waiting to be opened, assets could sustain damage and debts can remain unpaid. Also, this research can be more difficult and expensive than necessary because some needed evidentiary documents are protected by privacy laws and may require court orders to obtain them. There is an alternative.
In such cases, an unbiased report outlining all of the heirs at law with appropriate evidentiary documentation can be bundled with an affidavit from the testator stating that the testator believes the report is true to the best of their knowledge. This research can be significantly less expensive than if it were done after the testator has died. They can answer questions for themselves about who their relatives are, and they have legal standing to request documents (birth, marriage, and death certificates, etc.) protected by privacy laws. Beneficiaries would not have to finance the research, and estate assets could be protected because the estate could be opened sooner.
While the legally applicable heirs at law research must be documented, the testator is under no obligation to contact heirs at law during the estate planning process. They need not be formally notified until after the testator has passed.
Title Quieting Solutions
A title for a property that is not quiet means multiple individuals have potential claims of part ownership in the property. For example, Great-grandpa owned a farm outside of town. Family members have worked the farm and paid the property taxes on the farm, but the farm is still technically owned by Great grandpa who is long dead.
Now, because of urban sprawl, the farm is located inside of the town, and the family wishes to sell the farm to a property developer. The title must be quieted first. Say great-grandpa died without a valid will in place; all of his descendants must be identified. In these situations, an Affidavit of Diligent Search for Kinship/Family Tree would be needed to identify all potential claimants on the property.