Matters within the Probate Court system generally involve four types of relationships: estates, trusts, guardianships and conservatorships. A fifth and similar relationship, although not always reported within Probate Court, is the Attorney-In-Fact (Power of Attorney).
Within each of the relationships exists a fiduciary duty, and the responsible person or persons exercise significant control over the assets involved in the matter.
Although initial, periodic and final reportings may be made to the Probate Court, such as inventories and accountings, that is not always the case, and limited information may be provided for the ones that do file.
As with every investigation, whether alleged or known to be actual, our goal is to remain objective. We seek to identify every explanation possible to protect against reaching the wrong conclusion, the consequences of which are almost always irreversible.
We have experience working with attorneys and Probate Court judges in reviewing filed inventories and accountings, requesting supporting records, reconstructing accounts and transactions, and investigating the activity of the fiduciary. Our results have supported or refuted claims of misuse, theft and embezzlement, some of which have resulted in criminal and/or civil matters for recovery.