Behind the Scenes of Probate Investigation

About This Blog

I had the opportunity to meet Michael Zwick and interview him on the show. Michael, a former attorney turned probate private investigator, has dedicated his career to solving one of life's most challenging puzzles: connecting unclaimed assets with their rightful heirs. Since 2001, Michael has been working to recover unclaimed property sitting in government treasuries and helping executors and trustees locate missing heirs or hidden assets people have taken to their graves.

While many individuals believe having a will is sufficient to ensure their assets are properly distributed after death, the reality is often more complicated. Through Michael's unique experiences, we gain valuable insights into the importance of proper estate planning and the unexpected twists that can occur in the probate process.

The Role of a Probate Private Investigator

When someone passes away, their assets don't always automatically find their way to the rightful heirs. This is where probate investigators like Michael come in. Working with attorneys, executors, and trustees, these specialized investigators help locate missing heirs and uncover assets that might otherwise remain hidden. Their work often begins with a simple call from an attorney or executor who has hit a dead end in trying to locate family members or determine the full extent of a deceased person's estate.

The investigation process requires a unique combination of skills, including legal knowledge, investigative expertise, and the ability to navigate complex family relationships. Probate investigators must be licensed in most states, undergo background checks, and maintain continuing education to ensure they're qualified to handle sensitive financial and personal information.

In many cases, the work of a probate investigator can mean the difference between assets being claimed by the state and finding their way to legitimate heirs. This was illustrated in a recent case Michael handled in Boca Raton, Florida, where a woman who had lived alone for 30 years passed away with no known heirs, leaving behind a valuable property and potentially other assets worth over a million dollars.

Understanding Probate and Inheritance Laws

The probate process is more than just reading a will and distributing assets. It's a legal procedure that varies by state and can become increasingly complex when dealing with unclear heir situations. One crucial distinction Michael emphasizes is the difference between heirs and beneficiaries. While heirs are determined by law based on family relationships, beneficiaries are specifically named in a will or trust to receive assets.

When someone dies without a will (intestate), state laws determine who inherits their assets. The inheritance hierarchy typically follows this pattern:

1. Spouse and children (or their descendants)

2. Parents

3. Siblings (or their descendants)

4. Grandparents and their descendants

5. More distant relatives as defined by state law

Trusts offer an alternative to traditional probate, acting as separate legal entities that continue after death. When properly structured with assets properly titled to the trust, they can help avoid the probate process entirely unless some disputes or ambiguities require court intervention.

Navigating Complex Family Situations

Modern family dynamics can create challenging situations in probate cases. From children born out of wedlock to estranged relatives and "elder orphans" (older individuals without close family connections), probate investigators must navigate sensitive family situations while following legal requirements for inheritance.

International cases add another layer of complexity, with different countries having varying levels of accessibility to vital records and contact information. While some nations make it relatively easy to locate heirs, others present significant challenges due to limited access to information or political situations that complicate the investigation process.

Prepare Yourself and Your Heirs

The key to preventing probate complications lies in proper planning and communication. It is important to maintain clear records and share information about assets and beneficiaries with trusted individuals who will handle your estate. This can help avoid situations where valuable assets remain unclaimed or unknown after death.

When dealing with potential inheritance claims, it's crucial to be aware of common scams. Legitimate probate investigators like Michael never request upfront fees or banking information. Instead, they work on contingency, taking payment only after successfully delivering assets to rightful heirs, and they maintain proper licensing and professional credentials that can be verified.

To protect your interests, Michael recommends working with licensed professionals who can provide:

• Verifiable credentials and licenses
• References from attorneys they've worked with
• A proven track record with the Better Business Bureau
• Clear communication about their process and fee structure
• No requests for upfront payments or sensitive financial information

Taking Action for Your Future

If you're interested in learning more about probate investigation or need assistance with unclaimed assets, Michael's expertise is available through his website and LinkedIn profile. His work highlights the importance of proper estate planning and the value of professional assistance in navigating the complex world of inheritance.

Michael demonstrates why working with qualified professionals can make a crucial difference. By understanding the probate process and taking appropriate steps to protect your assets, you can help ensure your legacy reaches its intended beneficiaries without unnecessary complications or delays.

The key to successful estate planning isn't just having a will or trust – it's ensuring your loved ones have the information and resources they need to handle your affairs effectively after you're gone. Don't let your assets become another case for a probate investigator to solve.

Don't leave any pieces of your legacy to chance. As a next step, you can start and develop your plan by downloading the app, My Final Playbook system. Through this app, you'll be able to start and learn how to organize your legal, financial, physical, and digital assets today.

In the digital age, planning your legacy is just a click away. Until then, keep your password safe and your playbook up to date.