september 11, 2020 by Jacqueline - Legacy Tree Genealogists Forensic Researcher Leave a Comment

Probate Courts are Beginning to Reopen…Let’s Get Ready to Notify!

Are you a probate attorney, paralegal, estate administrator, fiduciary, or investor? Probate courts are beginning to open. Be prepared and beat the rush! Our team of forensic genealogists’ shares tips to ensure you’re ready to notify.

As probate courts begin to reopen, the courts will be inundated with new cases. It will be more important than ever to be ready and to achieve as much progress as possible in each hearing and avoid unnecessary continuances.

Each state has very specific laws requiring different tasks to be achieved at different times. Generally, there are five groups of parties who must be notified:

Heirs-at-Law (whether they are named as beneficiaries in a will or not).
Named beneficiaries in the decedent’s will, if a will was made.
Creditors
Government agencies: Social Security Administration, Veteran’s Administration, U.S. Postal Service, etc.
Others, such as retirement and pension plans, insurance companies, etc.

Often, the trickiest notifications are to heirs-at-law. Heirs-at-law are the decedent’s next of kin. Many states require heir-at-law notification before probate cases can even be formally opened, whether a will was in place or not. Legacy Tree Genealogists has a dedicated probate research division, and our forensic genealogists are ready to help!

Most states require heirs-at-law to be descendants of one of the decedent’s grandparents, although some states will allow descendants of a great-grandparent, or even further back. The priority of heirs-at-law mirrors the priority of inheritance that is called intestate succession. Priority is ordered in levels of family consanguinity.

Once you have proof of a family group level with living members, you need not continue to the next level. For example, states requiring heirs-at-law to be descendants of a grandparent of the decedent, generally ask, when the decedent died …*

Did the decedent have a surviving spouse? If yes, stop and notify. If no, continue to the next group.
Did the decedent have living children or grandchildren through deceased children? If yes, stop and notify. If no, continue to the next group.
Did the decedent have living parents? If yes, stop and notify. If no, continue to the next group.
Did the decedent have living siblings, or are there living descendants of deceased siblings? If yes, stop and notify. If no, continue to the next group.
Did the decedent have living grandparents? If yes, stop and notify. If no, continue to the next group.
Does the decedent have living aunts and uncles or living descendants of aunts and uncles? Stop. Notify if the answer is yes.

* Statutes may vary widely from state to state.

It is important to note that forensic genealogists make no statements about who will ultimately inherit, who is a legal heir or who will actually receive money. That authority rests solely with the court. Our role, as forensic genealogists, is to provide the information necessary for the court to make informed rulings on the distribution of assets. Probate cases can be complex; the seeking of legal advice is always important and recommended. However, the use of forensic genealogists can be a vital tool in providing an unbiased understanding of the familial relationships needed in the probate process to ultimately achieve a successful outcome. For more information, review our Forensic & Probate Research FAQs.

If you find you cannot conclusively answer the questions above, the forensic team at Legacy Tree Genealogists is here for you. We research to define the identities of and locate contact information for heirs-at-law, so you can be ready for the courts to open. Contact us today to request a free quote.

marts 18, 2019 by Jacqueline - Legacy Tree Genealogists Forensic Researcher 2 Comments

Irish Genealogy Brick Walls: When We Can’t See the Forest for the Irish Trees

Irish genealogy “brick walls” can be daunting, but not impossible to overcome. One of our genealogists shares her advice on extending your Irish family history.

The expression “can’t see the forest for the trees,” is used of someone who is too involved in the details of a problem to look at the situation as a whole. As much as we want to be able to quickly climb straight up Irish trees, it is often impossible without leveraging what the rest of the forest has to tell us. This type of research is called “clustering.” Below are three examples gleaned from the lives of Timothy May (1) and his father (2) and grandfather (3) who bore the same name.

Original Records Can Be Wrong

Don’t just go with the first record that you find. Look for examples of when an ancestor may have self-firmed their parentage. When Timothy May (1) was baptized as an infant in the St. Joseph’s Roman Catholic Church of Douro, Peterborough, Ontario, Canada on 1 October 1862, the entry clearly stated Timothy was the son of Timothy May and Ellen “Maloney.” One of his sponsors was Jeremiah Maloney.

Timothy May was baptized as an adult into another church on 28 March 1903; he self-affirmed that he was born 1 September 1867 [sic] in “Peterboro, Canada,” and was the son of Timothy May and Ellen Mahoney. Both the Maloney and Mahoney families are historically represented in Douro.

We went to the forest to see what Timothy’s siblings had to say. First, we gathered the names and birth order of the siblings of Timothy May through census records, then revisited records in St. Joseph’s to locate their baptismal records.

Clearly, Timothy’s mother was Ellen Mahoney and not Ellen Maloney. The only Jer* M*oney (the name of the sponsor of Timothy May) found in the 1861 census for Douro was Jeremiah Mahoney, not Maloney, who was a 28-year-old Roman Catholic farmer.

Father Michael Mackey, who baptized the first five May children, was the second pastor of Douro. He was reassigned from the city of Peterborough to Douro in August of 1852. Though only one May family was found represented in the early St. Joseph’s records, many Mahoney and Maloney families were represented. Father M[ichael] Lynch was new in town when it became time for the baptism of Timothy May, his first signature appears in the Baptismal Register below the record of a baptism performed on 6 December 1860. The mistake possibly occurred because Father Lynch was not yet familiar with the families in Douro.

Age is Neither a Forest nor a Tree When It Comes to Irish Genealogy Brick Walls

Timothy May (2), of the next generation, thought he was 99 years old in 1909 (born about 1810) when he was only really about 83. A news article was printed in the Inter-Mountain Republican (Utah) on 30 June 1909. The article reported about an event in which four thousand “silver-haired citizens of Utah” were honored by City and State officials at an event held at the Salt Lake City, Utah Tabernacle, including Timothy May, then residing in Ogden, Utah. “Ogden won honors with the two oldest guests present. …. Timothy May, also of Ogden, with 99 years to his credit came next. Rules prohibiting smoking on the grounds were suspended for Mr. May, who calmly smoked his pipe and chatted with friends. “I’m as spry as I was 30 years ago and I’m having the time of my life watching these old folks enjoy themselves.” Said Mr. May.” As is often the case, a person’s recorded age varies from their exact age the older they get. When we removed an exact age as any kind of a factor and simply evaluated geographical location, age range, and family birth order, the bits fell right into place.

The Saint Joseph’s register also contained an entry for the marriage of Timothy May and Ellen “Mahoney.” The entry contained a notation that Timothy May was the son of Timothy May (3) and Ellen Brierty.

The 1851 census for Douro was unique in that it preserved the maiden names of the married women. Timothy May (2) was enumerated in the home of Timothy May and Ellen Brierty as 24 years old. His real birth date was closer to 1826-1827, not 1810. A 15 or even 20-year swing in a person’s reported age is not uncommon among the Irish.

Acorns Can Be Spread Far and Wide

To solve this particular Irish genealogy brick wall, we went to the forest and gathered up seemingly random acorns of information.

Not all Irish left Ireland because of the famine, although famine was a big motivating factor. We learned that Timothy May (3) received a land grant in 1834 in Douro because of his service in the Sligo Militia (County Sligo, Ireland). On 27 February 1839 Major-General Sir. George Arthur, K.C.H. wrote a dispatch to Lord Glenelg to ask for “your Lordship’s consideration the extreme destitution of the unfortunate individuals whose cases have formed…” Timothy May (3) was one of the poor souls on the list; it was reported that he had been discharged 31 August 1814 from the Sligo Militia in Ireland.

We had two little acorns that on the forest floor that had not yet been reconciled. We knew from records in Douro that Timothy May (3) had a son born in Ireland about 1810 or so named Thomas. We also had a baptismal record for a Thomas May on 3 January 1809 in Cashel Roman Catholic Parish, County Tipperary, Ireland, who was the son of “Tim May and Ellen Briarty.” Tipperary? How could that be? You can’t get much further away from County Sligo then County Tipperary and still be in Ireland. How could these two little acorns be from the same tree? Indeed, they were from the same tree and were the same Thomas May.

We retrieved Timothy May’s (3) discharge papers which told us that Private Timothy May served in the Sligo County Militia from January 1807 through 31 August 1814. At the time of his discharge, he was 5 feet 7 ¾ inches tall and 32 years old. He was a laborer and was born in “Ballisodare.” Timothy was discharged because his skull was fractured when he had been called on to rescue some of the soldiers of the regiment (not local militia) who were assaulted by a mob at Chelmsford (Essex County, England) in July of 1812.

Old books printed before the modern age of endless copy and paste are wonderful treasures. We studied the book History of Sligo, County and Town, Volume III which was printed in 1891.

Between 1813-1815 England was embroiled in a war with France in the sixth and seventh coalitions of the Napoleonic Wars. Because England was at war, the local Sligo Local Militia was called up to active military service to support the regular army. They were “all allowed to be accompanied by their wives and families without restriction as regards numbers; and provisions as well as accommodation were allotted to them on board the transports…; hence, babies could be born.

On 9 January 1809 when Thomas May was baptized in County Tipperary, the Sligoes (combined militia and regular army) were quartered in Cahir which is a town in County Tipperary.

In July of 1812 when Timothy May (3) was injured in Chelmsford, Essex County, England, the Sligoes were quartered in Chelmsford. The Sligo Militia was subsequently disbanded on 7 October 1814 from Limerick, Ireland.

The overall research effort required the use of considerable time and patience; however, when we fully embraced the forest, she opened and showed us our way home.

When researching your Irish genealogy brick walls, remember to:
1. Embrace the forest and cluster together all the little leaves you can find.
2. Don’t go with the first record that you find, remember that original records can be wrong. Look at what the rest of the forest is trying to tell you.
3. Don’t lose your path simply because of age variances.
4. Don’t dismiss any acorns without knowing for sure if they belong or not.

If you’re hitting a brick wall while tracing your Irish ancestors, our team of professional genealogists can help! We have the knowledge and experience necessary to help you trace your Irish ancestry. Contact us today for a free estimate!

[1] “Can’t see the forest for the trees,” Dictionary.com, http://dictionary.com, accessed January 2019.

[2] “Aged Folks Made Happy,” Inter-Mountain Republican (Utah), 30 June 1909, Utah Digital Newspapers, http://newspapers.lib.utah.edu, accessed 26 June 2017.

[3] Colonel W. G. Wood-Martin, M.R.I.A., History of Sligo, County and Town, Volume III, Close of the Revolution of 1688 to the Present Time, (Dublin, Ireland : Hodges, Figgis, and Co., Grafton Street, 1891), Chapter XVII – Military History of the County and Borough of Sligo, from 1688 to the Present Time, pages 1-36, viewed digitally, https://www.archive.org : accessed 5 April 2018.

februar 21, 2018 by Jacqueline - Legacy Tree Genealogists Forensic Researcher Leave a Comment

How Can Investors Benefit from Probate Researchers?

How can investors benefit from the services of probate researchers? What can a probate researcher do and not do? Find out!

A Seemingly Odd Pair, or a Power Couple?

probate researchers “An investor is a person that allocates capital with the expectation of a future financial return.”[1]

“Forensic genealogy is genealogical research, analysis, and reporting in cases with legal implications, often involving living individuals.”[2]

Together, the pair work to achieve market dominance. “Market dominance is a measure of the strength of a brand, product, service, or firm, relative to competitive offerings.”[3] While perhaps not inherently obvious, the partnership between an investor and a skilled probate researcher can prove invaluable.

Here are three examples that illustrate how investors can benefit from the assistance of probate researchers:

1) Probate Real Estate Investors

Example: A real estate investor wishes to purchase an abandoned home and suspects the homeowner may have died; yet, does not know the identities of any family members to approach to inquire about purchasing the home. The investment will nearly always be more profitable if the investor does not need to wait until the home is sold at auction due to liens. The home will likely sustain damage while sitting empty and become more expensive to prepare for re-sell. The longer the home sits unsold, the more likely competition will arise.

Abandoned property is often owned by individuals who have died “intestate,” meaning without a valid will. Each state maintains its own laws as to which family members will receive an inheritance from an intestate situation and in what percentage. This is called the “line of succession,” and laws vary from state to state.

Professional probate researchers (also called forensic genealogists) can conduct research to see if the homeowner is indeed deceased, and if so, who the potential heirs to the estate are.

2) Mineral Rights Investors

Example: Oil and gas rights to a specific property have been determined to be owned by a person who has been deceased for many years. An investor needs an estimate of how many descendants may be involved before deciding whether to pursue the investment further.

Probate researchers can conduct diagnostic research to estimate the number of heirs and estates which may be involved, allowing the investor to be better informed before deciding to purchase or lease the rights or move on to another potential investment.

3) Unclaimed Property Professionals

Example: A person with a substantial life insurance policy has died; yet, the gift has failed because the intended beneficiary died first, and the ownership of the proceeds have reverted back to the deceased person’s intestate estate. An unclaimed property professional would like to know who the potential heirs may be in order to contact them and see if they might be willing to become clients.

Please note, we at Legacy Tree Genealogists do not accept contingency payment offers in any form. The practice has been deemed unethical by courts and the genealogical forensic industry. Such contingency agreements can taint the research results and make the results inherently biased.

Secondary Services Offered by Probate Researchers

Most inventors are not interested in the entire estate processes. They only need the estate to be opened to allow the estate to sell the subject property. What happens through the remainder of the estate proceedings is immaterial to the investor after receiving clear title. Regardless, sometimes the investor’s clients and their attorneys may need a little help in determining the complete overall kinship of the decedent.

In such cases, the estate, not the investor (to protect against perceived bias), may subsequently hire a probate researcher. The probate researcher will conduct independent and unbiased in-depth research regarding the kinship of the decendent and present the findings. This will include attendant exhibits of evidence presented in the form of a notarized sworn affidavit, rather than the diagnostic research report produced for the investor.

Sworn Affidavits

Sworn affidavits are often needed when the heirs are ready to proceed into probate court. They constitute notarized sworn expert testimony submitted in written form to, 1) allow the court and other related parties to study the testimony and supporting exhibits before hearings take place; and 2) spare the estate the expense of having the affiant testify in person.

Affidavits prepared in the United States for use in courts located outside of the United States are also apostilled according to the Hague Apostille Treaty of 1961.

Affidavit of Diligent Search for Kinship

An Affidavit of Diligent Search for Kinship is made when we have diligently researched the entire succession line. In instances where a specific family member(s) was diligently looked for and was not found, the affidavit will detail the efforts that were undertaken.

As every family member effecting the line of succession must be searched for, and it is impossible to know before research starts how many total family members spread across how many jurisdictions there might be, such projects are conducted in two phases. The first phase is a small diagnostic project to gain a basic understanding of the size and scope of the succession line at hand. This short project includes the development of a detailed research plan and determination of the estimated budget needed to conduct the balance of research and to produce the final affidavit.

Affidavit of Diligent Search for Kinship with Limitation

An Affidavit of Diligent Search for Kinship with Limitation is made when research has been conducted, yet the estate requested a portion, and not the entire succession line, to be researched. The limitations are clearly disclosed in the affidavit.

What Probate Researchers Can’t Do

As probate researchers, we are not involved in the legal process of declaring a will valid/invalid, declaring an estate to be intestate, or determining which family members will actually become beneficiaries and receive an inheritance from the estate. Those are matters for the probate court to adjudicate. We do not provide legal advice in any form. As probate researchers we deal solely with matters of discovering “kinship;” discovering and documenting who the decedent’s deceased family members were and who their surviving family members are.

While the probate process for investors can be complicated, working with an experienced probate researcher can help expedite the process and significantly increase profitability. For more information about the probate research process and what to expect, review our Forensic & Probate Research FAQs.

As a trusted probate research firm, our forensic genealogists are experienced at providing expert genealogical research, analysis and reporting for legal proceedings involving kinship. Contact us today to request a free quote.

[1] “Investor,” Wikipedia, http://wikipedia.org, accessed May 2019.

[2] “Forensic Genealogy,” Wikipedia, http://wikipedia.org, accessed May 2019.

[3] “Dominance (economics),” Wikipedia, http://wikipedia.org, accessed May 2019.

maj 28, 2017 by Jacqueline - Legacy Tree Genealogists Forensic Researcher Leave a Comment

We Have Your Back! 5 Ways Attorneys Benefit from Probate Research Services

Are you a probate attorney, paralegal, estate administrator, fiduciary or investor? We share 5 ways you can benefit from probate research services.

Probate research – also commonly referred to as forensic genealogy, heir or estate research is genealogical research conducted to assist in legal matters. An experienced probate researcher can prove invaluable in the probate process. In this article, we share the top 5 ways probate researchers can address common pain points attorneys face, and how we can help “protect your back” during the probate process.

1. We help protect your back in intestate situations.

probate research services In the probate process, the person who has died is called “the decedent.” To have “died intestate” means the decedent died without a valid will in place.

Most often, the decedent simply did not make a will. There are many reasons why a will can be deemed to be invalid. For example, the beneficiaries listed in a will could have died before the decedent and the will did not provide for contingencies; or a person can be deemed to have had insufficient mental capacity at the time the will was written.

As professional probate researchers, we are not involved in the legal process of declaring a will valid/invalid or determining which family members will actually become beneficiaries and receive an inheritance from the estate. Those matters are up to the court to adjudicate. We do not provide legal advice in any form. As professional forensic genealogists, we deal solely with matters of discovering “kinship;” discovering and documenting who the decedent’s deceased family members were and who their surviving family members are.

Each state maintains its own laws as to which family members will receive an inheritance from an intestate situation and in what percentage. This is called the “line of succession.” To view the statutes for your state, check out our quick reference guide, Intestate Succession – 50 Laws for 50 States.

As a trusted probate research firm, our experienced forensic genealogists help protect against complicated situations in which previously unknown heirs, previously undisclosed heirs, or missing heirs are not accounted for. Perhaps some of the family members have been estranged for many years, or their ancestors became estranged or separated in a previous generation. Their identities must be documented, as estrangement does not preclude them from legal rights according to state laws mandating lines of succession. Need help figuring out how you’re related to your relatives? Check out our article, Third Cousins Twice Removed: Consanguinity Explained.

2. We help protect your back by providing unbiased and independent research results and expert testimony.

As professional probate researchers, our unbiased findings that will be used in court settings are presented in the form of notarized sworn affidavits. Sworn affidavits are needed when our clients are ready to proceed into probate court. They are notarized sworn expert testimony submitted in written form to, 1) allow the court and other related parties to study the testimony and supporting exhibits before hearings take place; and 2) spare our clients the expense of having the affiant testify in person. In rare instances, the court or opposing parties may request the affiant to appear at hearings in person.

Two examples when a sworn affidavit may be requested are:

An attorney needs to exhibit to the court that their client has a legal right, based on kinship, to open the intestate probate in question.
An attorney has opened an intestate probate and needs to exhibit to the court who all the potential heirs are according to that state’s succession laws.
TIP: Right-click on the image and select ‘Save image as’ to save a high-resolution version of this Family Relationships Quick Reference Chart

Affidavits prepared in the United States for use in courts located outside of the United States are also apostilled according to the Hague Apostille Treaty of 1961.

As every family member effecting the line of succession must be searched for, and it is impossible to know before research starts how many total family members spread across how many jurisdictions there might be, such projects are conducted in two phases. The first phase is a small diagnostic project to gain a basic understanding of the size and scope of the succession line at hand. This phase includes the development of a detailed research plan and determination of the estimated budget needed to conduct the balance of research and to produce the final affidavit. Learn more about what to expect when you employ our probate research services in our article, Estate Research – It Isn’t New.

An Affidavit of Diligent Search for Kinship with Limitation is made when research has been conducted, yet our client requested the entire succession line not be researched. The limitations are clearly disclosed within the affidavit.

3. We help protect your back in missing heir situations.

Sometimes heirs designated in a valid will and/or their descendants need to be identified and contact information located for them. We can help you with this, both in the United States and abroad.

4. We help protect your back in situations requiring probate proceeding notifications.

Many state laws require heir-at-law notifications. This occurs when an estate has been opened, or will soon be opened, for a decedent who had a valid will; however, their specific state requires individuals who would have inherited if no valid will was in place, to be notified of the impending proceedings. Our dedicated heirs and estate research division are at the ready!

5. Access to additional forensic research services.

As forensic genealogists, it is our pleasure to assist attorneys, fiduciaries, real estate investors, etc., and their clients in various forensic needs, other than probate court cases that require an affidavit of sworn testimony. Results for these custom projects conducted are presented in a written report; however, the results are not notarized as sworn legal testimony. The results are diagnostic in nature and are designed to facilitate the ability for our clients to contact at least some living family members. Below are three possible use cases:

A real estate investor wishes to purchase an abandoned home and suspects the homeowner may have died; but does not know the identities of any family members to approach about purchasing the home. Check out our article How Can Investors Benefit from Probate Researchers? for more information on maximizing your investment potential.
Oil and gas rights to a specific property have been determined to be owned by a person who has been dead for many years. An investor needs an estimate of how many descendants may be involved before deciding whether to pursue the investment further.
A professional fiduciary needs to ascertain the family members of an incapacitated person.

Whatever your research needs, our probate researchers at Legacy Tree Genealogists have the record access and necessary skills to build the family tree of a decedent relative and then trace the living descendants who may ultimately inherit from an estate. We also have an advanced genetic genealogy (DNA) team to aid in research issues such as unknown parentage. For more information about the probate research process and what to expect, review our Forensic & Probate Research FAQs.

As a probate research firm, our forensic genealogists are experienced at providing expert genealogical research, analysis and reporting for legal proceedings involving kinship. Contact us today to request your free quote!