​Probate is the court-supervised identification, management, and distribution of a deceased person’s assets. Probate is meant to ease or facilitate estate administration. However, complications may arise, causing financial and other burdens for beneficiaries.

One of the most prevalent sources of probate complications is the absence of a valid will. A will is a legal document outlining how to distribute a deceased person’s assets.

The best way to prevent intestate (a person having died without a valid will) complications is to create a comprehensive will. The next best option is to consult an experienced probate attorney to help in navigating the process.

Disputes arising from a contested will are another common probate challenge. Typical grounds for contestation are an out-of-date will and the existence of different variations of a will. Regardless of the validity of a concern, once a will has been contested, the ensuing litigation can be laborious.

The solution to a will dispute can be legal or out-of-court. The former is court-supervised, with a probate lawyer defending the will’s validity. The latter involves a neutral third party who facilitates the negotiation and helps the disputing parties agree on the best way forward.

Another common probate roadblock is missing beneficiaries. This could be a case of an unreachable heir due to out-of-date contact details. Sometimes, and especially if there’s no will, there is no known heir. Other times, the named beneficiary is unknown to the family.

Private investigators are known for finding missing persons. Their go-to sources are public notices, social media, and census reports. They may also do genealogical research, tracing family history using official and unofficial records. Forensic genealogy leverages data mining and DNA analysis to identify the deceased person’s living beneficiaries.

The last resort is to file a missing persons report or seek court intervention. If all efforts to find named beneficiaries prove futile, the estate may be distributed according to the Intestate Succession Act. The act stipulates the order in which intestate assets are distributed. The key is to document all efforts to find and contact missing beneficiaries.

Another common probate challenge is locating and valuing assets. All assets must be accounted for before an estate can be administered. Sometimes, the deceased’s assets are hidden, such as properties in another state or country. Consult PIs, accountants, and appraisers to help you identify and value assets.

A deceased’s outstanding debts and taxes must be settled before asset distribution and from the estate’s assets. Thorough asset and liability identification and valuation ensure debts and taxes are settled while preserving the assets. Paying debts and taxes as outlined by the law helps prevent legal issues.

Many probate disputes arise from differing expectations. Perhaps the beneficiaries expect a will to go a certain way, but it goes another. This is why the best probate professionals are good at managing beneficiaries’ expectations. They manage expectations by keeping beneficiaries informed and addressing all their concerns.

Probate administration is a complex process involving state probate laws, property laws, and federal tax laws, not to mention often-conflicting expectations. Navigating these challenges may require hiring different professionals, from researchers and investigators to property appraisers and attorneys.

To understand probate administration, it is important first to understand what probate is. Probate is a process sanctioned by the court and designed to validate a deceased individual’s will and supervise the distribution of their estate. So, probate administration describes the legal processes involved in managing and distributing a deceased individual’s estate in accordance with their will and in instances where there is no will, in accordance with the laws regarding intestate succession. Probate administration is designed so that all of the deceased's debts are settled while assets are transferred to beneficiaries that the deceased intended.

First, the probate administration process usually involves proving the will's validity if the deceased left one behind. Next, an executor or personal representative must be appointed to manage the deceased’s estate. Then, the deceased’s assets are identified and valued, and outstanding debts and taxes are paid off. The remaining assets are distributed to the beneficiaries the deceased intended.

Different individuals and institutions play important roles in probate administration. However, the executor is the most important individual or institution in the probate administration process. The executor is responsible for filing the deceased will if they left one behind. The executor also files a petition to initiate probate with the court. When there is no will, the executor petitions the court to commence intestate administration. Further, the executor notifies the deceased’s creditors, beneficiaries, debtors, and other relevant stakeholders of these processes. They are usually expected to publish a notice in a local newspaper and send direct notices to established creditors.

Afterward, the executor compiles an inventory of the deceased’s assets. These assets might include investments, personal belongings, financial accounts, real estate, and other moveable assets. The execution commences a valuation process to determine the assets' financial value and worth. Some assets might be liquidated to settle debts or outstanding taxes from the deceased. Some debts the executor is expected to clear include outstanding loans, estate and inheritance taxes, medical bills, and credit card balances.

Managing probate presents its share of challenges. Beneficiaries might contest a will, raising concerns about its validity due to undue influence, fraud, or the deceased’s lack of mental capacity. Estates with complexities like international assets can make the process more tedious. Insufficient funds in the estate can also cause difficult choices, as creditors are prioritized over beneficiaries, sometimes leading to the beneficiary getting nothing.

Considering the complexities of probate administration, the executor and all stakeholders should take more proactive steps. A clear, up-to-date will is key to reducing disputes and ensuring a streamlined process. Setting up trusts for certain assets allows them to bypass probate altogether, enabling faster and more private distribution. Also, holding property jointly with rights of survivorship or naming beneficiaries for accounts like life insurance and retirement funds can significantly reduce the number of assets subject to probate, making the overall administration easier.

Finally, probate ensures the proper transfer of a deceased’s assets, but it can be complex and time-consuming. Executors and beneficiaries familiar with the steps, roles, and challenges involved are better prepared to handle them effectively. By taking advantage of estate planning tools like clear wills and trusts, individuals can ease the burden of probate, making the transition simpler and more peaceful for everyone involved.

​The Milagro Center, based in Delray Beach, Florida, is a nonprofit organization that supports the academic success of children from underserved communities. In an October 2023 press release, the Milagro Center announced its partnership with Symphonia, South Florida’s premier orchestra, to launch an outreach program called the Virginia and Harvey Kimmel String Orchestra and Self-Esteem Program.

The Milagro Center will house the orchestral program. This program gives children from these communities the chance to learn to play any one of the stringed orchestra instruments (violin, viola, bass, or cello). Program participation will also help students develop self-esteem. The program is rooted in social justice, inclusion, and the aim to bring music into the lives of children who might not otherwise be exposed to orchestral music.

Annabel Russell, the Milagro Center’s executive director, noted that Symphonia recognized the long-term impact that music has on children, individuals, and communities. With this in mind, the Milagro Center is delighted to partner with the organization in providing a new home for the program, which will provide professional music instruction. She stated that the Milagro Center has received enthusiastic feedback about the launch of the program from children at all stages of their education. For more information on this outreach program, please visit the Milagro Center at www.milagrocenter.org/about/.

​Forensic genealogy or probate genealogy involves the identification, locating, reporting, and proving of estate heirs and beneficiaries. The discipline works the opposite of traditional genealogy, where researchers look back to uncover ancestors by following several steps.

The search by forensic researchers begins with a decedent or deceased person and moves backward as allowed by the state's applicable laws. If the deceased left no will, intestacy laws define how distant the relative can be and still qualify as the intestate estate heir. For example, if intestacy laws provide that first cousins inherit assets when no closer heirs still survive, the forensic genealogist first works to identify the decedent's grandparents. Then, they move forward chronologically and identify surviving parents, spouses, siblings, and cousins.

In cases where professionals cannot find the cousins, the children of one of the relatives may inherit the estate.

Forensic genealogists use various analytical tools, such as photo analysis, property sales, and public notices like obituaries. They can also use DNA matching, which indicates the existence of very close relationships. Professionals can undertake online or local research that includes interviews with the parties.

After compiling the necessary information, forensic genealogists deliver reports that provide evidence, such as DNA findings and hardcopy family records related to specific probate genealogy cases, and are admissible in court.

​It is recommended that individuals over 18 possess a lasting will. The physical and financial assets, heirlooms, and beneficiaries listings is necessary if a person wants to direct the distribution of their assets upon their demise. While the content may vary, the primary components of a will include the testator, execution permission, executor responsibilities, and guardianship of the dependents.

The first section of a will contains the testator and a confirmation of permission clause to execute legally. The testator refers to the person seeking to leave the estate to the designated heirs. The section should clearly indicate the personal details of the testator and the dependents’ information.

The second section includes the executor and their responsibilities for overseeing the estate’s execution. It is recommended that the testator names more than one executor in case the primary one dies or withdraws before the passing of the testator. However, the most crucial highlight of this section is the responsibilities allocated to the executor.

Last, the distribution of the assets and guardianship of the dependents (children and pets) form a crucial part of the will. The testator lists the distribution of the assets, who should assume care of the dependents, especially minors, and life insurance proceeds information. Guardianship can be the responsibility of one entity or include a separate one for property, like a trustee or property manager. The assets to execute include real estate, bank accounts, stocks and securities, and personal possessions like jewelry and paintings.

The will should contain the testator’s signature, signed in the presence of adult witnesses who are non-benefactors, to be legally binding. Some states, like Louisiana, require the presence of a notary, a person legally authorized to witness the signing of documents, among handling other minor legal affairs.

Some wills also contain extra sections for revocation clauses and specific requests. The first typically revokes all previously made wills, while the second has more information such as the testators final wishes.

​A probate genealogist identifies the members of a family tree, or confirms the accuracy of an existing one. Their work helps families while executing a deceased person’s will, or distributing inheritance after their death. The genealogist ensures that the family can distribute the estate to the correct people.

To fill in the gaps in a family tree, or vet a preexisting one, a probate genealogist utilizes open access and proprietary databases of living and deceased persons. Electoral records can serve as proof an individual lived in a certain location, while birth, death, and marriage certificates solidify their familial history. They can begin the process with as little as the person’s name and last known address.

Hiring a probate genealogist will incur different time and financial costs, depending on the services rendered. Finding a missing person, particularly in the genealogist’s country, can take a few days or weeks, while a person who is overseas will take longer to identify. Though most professionals charge a percentage-based commission of the inheritance in question, others charge a flat fee, or one based on the total time to complete the assigned task.

​Legacy Probate International (LPI) is a Delray Beach, Florida-based genealogical research firm that identifies potential heirs for estates. Helping heirs inherit funds and preserve family wealth is just one of the ways LPI touches lives. The firm is also involved in various life-changing charities.

Every year, LPI, on behalf of its employees and their families, supports worthy social causes. LPI has extensive expertise in due diligence, meaning all recipients of LPI’s support are thoroughly vetted before any aid is extended. Many of LPI’s beneficiary organizations are within the Delray Beach area.

LPI’s philanthropic pursuit for 2022 was the Pamela Atkinson Homeless Fund (PAHT). PAHT helps families and individuals experiencing homelessness achieve self-sufficiency and housing stability through a host of programs. Its goal is to reduce incidences of homelessness and make them brief and non-recurring.

In 2021, LPI partnered with The Milagro Center, a youth empowerment organization. The Milagro Foundation helps at-risk children and youth, such as those in underserved communities, to “reach for the stars” through academic support and mentoring in various creative pursuits.

People with disabilities tend to get overlooked or systematically excluded from sports, so when the 2020 Special Olympics rolled around, LPI wanted to be part of the change makers, people who believe in equality and inclusivity. LPI partnered with Special Olympics, supporting the event that gave children and adults with special needs the opportunity to participate in over 30 Olympic-type sports.

When LPI is not helping tackle problems facing the Florida community, it’s helping to fight global challenges, like human trafficking. Human trafficking affects more than 40 million people worldwide, mostly women and children. In 2019, LPI supported Project Concern International (PCI) in its efforts to end human trafficking.

Children are often at the heart of LPI’s charity involvement. So when Primary Children’s Hospital successfully performed five heart procedures on a girl before she turned three in 2018, LPI noticed. One of the many lives Primary Children’s Hospital has touched belongs to an employee of LPI, so it wanted to give back, and it did, by donating.

Speaking of donations, in 2017, LPI donated to the Huntsman Cancer Society, a nonprofit organization involved in the fight against cancer. The Huntsman Cancer Institute brings together world-class researchers and oncologists, all dedicated to preventing cancer.

Cancer isn't the only plight LPI is helping to prevent. In 2016, LPI backed Hope4Utah’s suicide-prevention efforts by financing its travel to Washington, D.C., to present HopeSquad, its proven suicide-prevention model that’s being employed in many states across the country to save lives.

The cure for giant axonal neuropathy (GAN), a rare disease that physically impairs children, has eluded researchers and doctors for many years. When, in 2021, Hannah’s Hope, a charitable organization that raises funds for GAN research and awareness, announced its breakthrough clinical trials, LPI was proud to be one of the sponsors.

In addition to helping rightful heirs access their inheritance through probate and forensic genealogy services, LPI is committed to supporting various charitable organizations. Donations are LPI’s preferred way of giving back. The donations go a long way in touching the lives of women, children, and youth facing various socio-economic challenges.

​The Pamela Atkinson Homeless Fund (PAHT) is one of the philanthropic organizations that supports America's homeless population. The PAHT team works with individuals as well as families dealing with issues of homelessness, providing shelter and a depth of programming designed to help families begin a new life. PAHT has received considerable attention in recent years after the COVID-19 pandemic highlighted the nation's need to address homelessness, though the issue has persisted for far longer.

Homelessness can be simply defined as the state of living without a permanent shelter. The Department of Housing and Urban Development maintains a more comprehensive definition that explores four key aspects of homelessness.

To start, a person is considered to be dealing with homelessness if they are living in a place not intended as a human shelter. Similarly, a person can apply for homelessness services or support if they are living in an emergency or temporary shelter or are involved with transitional housing services.

Next, the HUD recognizes homelessness as an issue for individuals who expect to lose their nighttime shelter within the next two weeks, particularly if they lack the resources and knowledge needed to retain this housing. Individuals in this situation must be able to provide corroborating documentation to receive HUD support, but the department has expanded services in this area by expanding the definition from seven days to 14 days.

The definition of homelessness can change when applied to families, particularly families with young children. This category of homelessness was introduced by the HUD in 2012 to address challenges faced by families experiencing unstable housing situations. A family can qualify for HUD homelessness support if they have not leased or owned a house in the last two months, have moved at least twice during the same period, and do not expect the situation to change in the future. A family is more likely to qualify for this category of homelessness if they are living with a disability or some other barrier that impedes their ability to maintain gainful employment.

Lastly, individuals may be forced into homelessness due to domestic violence. According to multiple studies shared by the Administration for Children and Families, more than four out of five mothers and children experiencing homelessness have previously been the victims of domestic violence. If a person is leaving a residence to escape domestic violence, has no alternative residence to go to, and lacks the resources to secure a new residence, they may qualify for HUD support.

In modern times, America's population of individuals experiencing homelessness peaked in 2007, at 647,258. The HUD estimated that about 582,000 Americans were dealing with homelessness in 2022, or roughly 18 individuals per 10,000 citizens. This figure represents a small increase from 2020. Homelessness is not evenly distributed among the American people. For example, many states support homeless populations of between 1,000 and 2,000, while larger, more metropolitan states have much larger communities: over 92,000 in New York and upwards of 151,000 in California.

Race and ethnicity also factor into a person's risk of experiencing homelessness. Native Hawaiians and others who identify as Pacific Islanders comprise nearly two percent of the national homeless population despite making up just 0.26 percent of the total population. Individuals who identify as black, Native American, or multiple races are more likely to experience homelessness compared to white or Asian Americans.

​In 2022, the State of Illinois returned a record sum of $11 million to the family of Joseph Stancak. It was the largest return of unclaimed assets in US history.

The state released the money to the proven heirs of Stancak, a Gage Park, Illinois resident who died in 2016 at the age of 87. He died in his home, just before Christmas, with $11 million in wealth.

A reclusive and frugal man, Stancak was often alone. His neighbors did not know his immediate relatives, let alone that he possessed that much wealth. Never married, Stancak had no children. He had six siblings, but they were all dead, and none of them had any children. His estate was relegated to the probate process where it was up to probate professionals to find living relatives who would inherit his wealth, failure to which the state would take possession of it.

Stancak’s case is not an isolated incident. Such situations occur often in the United States. Most of the time, the size of the estates involved are not as large. Sometimes, though, they can be larger. In 2012, for example, a Staten Island, New York developer named Roman Blum died at the age of 97 with $40 million in wealth. A Holocaust survivor, his wife died decades before him and the couple were childless. At the time, it was the biggest unclaimed estate in New York history.

By law, whenever a person dies intestate (having left no will), it is the probate court of their state that is charged with administering their property. The exact process the courts follow depends on state laws. Generally though, the court will appoint an administrator to take inventory of the decedent’s assets and identify heirs. Once identified, the court will oversee the payment of taxes and debts owed by the estate, and whatever is left afterward, the administrator distributes among the heirs.

Sometimes, however, administrators have difficulty finding heirs of estates. This occurs when the decedents had no immediately identifiable relatives, as was the case with both Stancak and Blum. It also occurs when decedents lived far away from family members, say in different states or countries. In such cases, extensive ancestral research is necessary to identify possible heirs. This is where genealogical research companies come in.

Genealogical research companies do comprehensive ancestral research on decedents. They go back decades into decedents’ histories to chart out family trees and identify living heirs. Once they find them, they make contact, explain their relation to the decedent, and help prove their case as heirs to the probate court so they can receive their rightful inheritance.

In Stancak’s case, it was an ancestry research company that conducted months of research to find over 100 of his heirs. Most lived outside the United States, including in Poland, where his parents were born. Those in the United States lived in New Jersey, Minnesota, and other states.

Other times, heirs are identifiable but are missing. Genealogical research companies look for these people across the world, locate them, and match them with their inheritance.

Genealogical research companies have helped thousands of heirs receive their rightful inheritance. Going forward, they will play a bigger role in matching heirs with inheritances, in light of the Great Wealth Transfer that is underway.

The Great Wealth Transfer refers to the passing on of property from Baby Boomers to Gen Xers, Millennials, and Gen Z over the coming decades. According to Deloitte, aging Baby Boomers, who own the majority of wealth in the United States, will pass down around $70 trillion to their heirs over the coming years. This is wealth they have accrued over their lifetimes and includes real estate, investments in the stock market, and cash in bank accounts.

Unfortunately, many Baby Boomers do not have wills. One study by caring.com found that two-thirds of American adults have no will. This means millions of people’s estates will go through the probate process where probate courts have to appoint administrators to identify living heirs and distribute their inheritances to them. For complex estates whose heirs are not easily identifiable or are missing, it is genealogical research companies that will step in and do the work to find the rightful heirs.

​For more than a century, Legacy Probate International has helped inheritors claim and defend the inheritance rights they are entitled to under the law. Using forensic genealogy techniques, Legacy Probate International combs genealogical databases to narrow down the proper beneficiaries.

Forensic genealogy involves identifying an individual using DNA. However, it does not entail using only DNA from the individual themselves. Using single nucleotide polymorphism (SNP), experts can analyze thousands of genetic markers on the chromosomes comprising the DNA, which leads to finding distant relatives of the relevant individual, not just close relatives. Additional software capabilities can sometimes even enable law enforcement agencies and private companies to reconstruct what the person should look like, using genetic markers for facial phenotypes.

Forensic genealogy data comes from both dedicated websites used for solving crimes and consumer-level ancestry research websites, and both approaches possess distinct advantages and weaknesses. The UK National Criminal Intelligence DNA Database, which contains about 10 percent of the country’s population, is comprehensive enough that investigators don’t need to consult other sources. Lawmakers and consumers display increasing concern regarding data privacy, when submitting material to genealogy websites, because they may not want their DNA used in this way.