Probate and Estate Discovery Investigator

PROBATE AND ESTATE DISCOVERY P.I.

Stryker Investigation Services Inc. One solution for all your investigative services since 2000

STRYKER’S INVESTIGATION OFFICE: (800) 733-1950

Are you a beneficiary in a family member’s will?

Do you need assistance finding assets?

PROBATE AND ESTATE DISCOVERY INVESTIGATOR: Probate and Estate discovery can be a complex and daunting process. Our specialized discovery process can search nationwide to find bank accounts, brokerage accounts, property, unknown business interests, and assets that are forgotten about and not disclosed in the will. A professional probate private investigator must conduct the estate discovery investigation. Using a professional to assist in the estate discovery process can be advantageous for the investigation. An experienced investigator will already be familiar with the legal issues presented during this process and have the experience to effectively navigate the obstacles. The private investigator can obtain information about accounts, business partnerships, and assets in other states or countries. Without discovery, there would be no mechanism in place to identify these valuable assets and information.

A Probate Asset Investigator can help counsel, surviving family members, the administrator of the estate, or the executor find missing or unknown bank accounts and assist in identifying insurance policies. When preparing an estate inventory, it is necessary for an estate’s executor to conduct a search for all of the decedent’s assets, including hidden assets. The decedent’s important papers will include information about the decedent’s assets, including bank and brokerage statements, stock and bond certificates, life insurance policies, corporate records, car and boat titles, and deeds; and information about the decedent’s debts, including utility bills, credit card bills, mortgages, personal loans, medical bills, and the funeral bill. 

PROBATE INVESTIGATION FORM

Inheritance law governs the rights of a decedent’s survivors to inherit property and assets. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will.

Inheritance Law in Community Property States

Community property is generally property acquired by either spouse during the marriage. This includes income received from work, property bought during the marriage with income from employment, and separate property that a spouse gives to the community. A spouse retains a separate interest in property acquired through the following methods:

• • • Inheritance or a gift;
    • Acquisition of the property prior to the marriage;
    • An agreement between the spouses to keep the property separate from the marriage community;

In a community property state, each spouse owns a one-half interest of the marital property. Spouses have the right to dispose of their share of the community property in whatever way desired. A deceased spouse, for instance, can elect to give his or her half of the community property to someone other than the surviving spouse. Spouses cannot give away the other spouse’s share of the community property, however. A provision in a prenuptial agreement may also change a spouse’s right to distribute the property. A spouse has the sole right to dispose of their separate property. A deceased spouse can distribute both their separate property and their share of the community property in a will.

Inheritance Law in the Common Law States

Unlike a surviving spouse in a community property state, a spouse is not entitled to a one-half interest in all property acquired during the marriage. In a common-law state, both spouses do not necessarily own the property acquired during the marriage. Ownership is determined by the name on the title or by ascertaining which spouses’ income purchased the property if a title is irrelevant. If, for example, only one spouse takes the title to a property, the spouse with the name on the deed owns the house even if the other spouse actually paid for it.

A surviving spouse in a common-law state has protection from complete disinheritance, however. Every common law state has different guidelines, but most common law states’ inheritance law allows the surviving spouse to claim one-third of the deceased spouse’s property. A deceased spouse can choose to leave less than a state’s mandated inheritance right, but the surviving spouse may make a claim with the court to inherit the predetermined amount. The will is carried out according to the decedent’s wishes if the surviving spouse agrees in writing to accept less than the statutory amount or the surviving spouse never goes to court to claim the legal share. 

TYPES OF BANK AND BROKERAGE ACCOUNTS WE LOCATE

Community Property States

In the United States, there are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska is an opt-in community property state that gives both parties the option to make their property community property. The rest of the states have adopted what is known as Equitable Distribution Uniform Marriage and Divorce Act §307 (UMDA §307). Under the Equitable Distribution rule, marital property is fairly divided between the parties. Marital misconduct is not a factor in the decision-making process.

Stryker would like to caution potential clients, with this warning. There is a big difference between the terms “asset search investigation” and “financial investigation.” These are two completely different investigations, requiring completely different professional experts and skillsets.

An asset is an economic resource. Anything tangible or intangible that is capable of being owned or controlled to produce value and that is held to have positive economic value is considered an asset. As such, an asset search investigation is relatively easy to conduct, as the majority of Tangible Assets; (fixed) and are documented in public records. Though Tangible Assets; (liquid) are not a matter of public record and require a permissible purpose to conduct a search.

On the other hand, a financial investigation is a completely different investigation. At its simplest, a financial investigation tries to determine where the money comes from, how it moves, and how it is used. Also known as forensic accounting, this type of investigation is often crucial when dealing with corporate investigations, theft, embezzlement, money laundering, dishonest employees and can be associated with criminal charges. Investigators analyze all documents that show the paper trail of events involving money with the primary objective of documenting the movement of money.

Tracing funds and activities within companies and across jurisdictions presents complex challenges to which our experts apply their forensic investigative abilities. Stryker’s team provides financial investigative expertise for class actions, civil litigation, regulatory enforcement proceedings, and white-collar criminal matters.

Law Citations:

Georgia Code Title 53. Wills, Trusts, and Administration of Estates | California Code, Probate Code -Division 6. Wills and Intestate Succession 6100-6806
Federal Statute: Title III, Consumer Credit Protection Act (CCPA), 15 USC, §§1671 et seq. / Code of Federal Regulations: 29 CFR Part 870 / Explanatory Brochures and Regulatory Materials Online: www.dol.gov/whd, www.wagehour.dol.gov / U.S. Wage and Hour Division: Fact Sheet #30 – The Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title III (CCPA) / Field Operations Handbook – 02/09/2001, Rev. 644, Chapter 16, Title III – Consumer Credit Protection Act (Wage Garnishment)

Are you a beneficiary in a family member’s will? Do you need assistance finding assets? The crisis is going to impact every facet of our personal lives, community, business, government, and society in general. Amidst this mayhem, some of us will have to deal with devastating consequences, heartbreaking loss, and the grief that follows. There are going to be difficult tasks ahead that have to be addressed. Asset Search and Investigations by a Private Investigator can legally be conducted Nationally – Alabama, Juneau Alaska, Little Rock Arkansas, Sacramento California, Private Investigator, Denver Colorado, Hartford Connecticut, Dover Delaware, Tallahassee, Miami, Orlando, Florida Private Investigator, Atlanta Georgia, Honolulu Hawaii, Boise Idaho, Springfield Illinois, Indiana Indiana, Des Moines Iowa, Topeka Kansas, Frankfort Kentucky, Baton Rouge Louisiana, Augusta Maine, Annapolis Maryland, Boston Massachusetts, Private Investigator, Lansing Michigan, St. Paul Minnesota, Jackson Mississippi, Jefferson City Missouri, Helena Montana, Lincoln Nebraska, Carson City Nevada, Private Investigator, Concord New Hampshire, Trenton New Jersey, Santa Fe New Mexico, Albany New York, Raleigh and Fayetteville North Carolina, Bismarck North Dakota, Columbus Ohio, Oklahoma City Oklahoma, Salem Oregon, Harrisburg Pennsylvania, Providence Rhode Island, Columbia South Carolina, Pierre South Dakota, Nashville Tennessee Private Investigator, Austin Texas, Salt Lake City Utah, Montpelier Vermont, Richmond Virginia, Olympia Washington,Private Investigator, Charleston West Virginia, Madison Wisconsin, Cheyenne Wyoming Asset Search Private Investigator TAGS: Portland OR Asset Search, Seattle WA Asset Search, New Jersey Asset Search, New York Asset Search,  Las Vegas Asset Search, Phoenix AZ Asset Search, Chicago Illinois Asset Search, San Francisco Private Investigator, San Francisco Asset Search, San Jose Private Investigator, Baltimore MD Asset Search, Philadelphia PA Asset Search, Virginia Beach VA Asset Search,  San Diego Asset Search, Orange County Asset Search,  Judgment Enforcement Texas,  Texas Asset Search,  Private Investigator, Los Angeles Asset Search PI, Los Angeles Private Investigator,