-
Reasonable Search Standard: The Due Diligence Gap That Exposes Estates to Liability
Probate law’s specific requirements vary from state to state. However, all states require due diligence in determining and locating heirs. This applies equally to named beneficiaries by will and heirs at law when the decedent is intestate. Beneficiaries and heirs…
-
The Affidavit of Heirship: Why It Won’t Hold Up in Surrogate’s Court
Often in real estate and title law we see the term “Affidavit of Heirship” used. Unfortunately, this term is used interchangeably to mean two different things. Using this term in the improper context can cost an attorney valuable time. In…
-
When to Outsource Heir Search vs Handle In-House: A Cost Analysis for Probate Firms
Summary Probate firms regularly try to handle heir searches in-house to save money and end up spending more in paralegal time than the outsourced fee would have cost. This guide gives you a structured way to think about the buy-vs-build…
-
Title Insurance and Heir Documentation: What Probate Attorneys Need to Know
Summary Title insurance underwriters are the silent gatekeepers of probate property transfers. They can refuse coverage on a property your firm has fully probated if the underlying heir documentation does not meet their standard. Most attorneys do not know what…
-
Heir Search vs. Genealogy Research: What Probate Attorneys Need to Know
Heir search is a statutory requirement when an estate enters probate without a valid will. The court demands a verified affidavit of heirship supported by authenticated vital records and a meticulous chain of evidence. The estate attorney assumes this responsibility…
-
The Probate Attorney’s Vetting Checklist for Heir Search Firms
Summary Most probate attorneys vet heir search firms the way they vet other vendors: a referral, a quick call, an engagement. That works until it does not. The wrong firm can compromise a case file, delay a closing, or expose…
-
Reopening Probate When New Heirs Are Found: A Probate Attorney’s Guide
Summary Reopening probate is one of the most uncomfortable conversations an attorney can have with a former client. The case was supposed to be done. Distributions were made. The file was closed. Then a new heir surfaces and the work…
-
Posthumous Children and Modern Family Law in Probate Heirship
Summary Posthumous children, posthumously conceived children, and children born of assisted reproduction are reshaping probate heirship faster than most state codes have caught up. The intestate succession rules attorneys learned in law school may not match the cases coming through…
-
Pennsylvania Orphans Court Heir Determination: A Probate Attorney’s Field Guide
Summary Pennsylvania gives probate attorneys several tools to determine heirship and transfer estate property. Each one has its own thresholds, documentation requirements, and tax consequences. Picking the wrong tool, or filing the right one with bad heir documentation, costs your…