Forensic genealogy
By Nancy Battick
You may have come across the term “forensic genealogy” and wondered what it means. What is a forensic genealogist and what do they do?
The short answer is that they specialize in legal matters. They aren’t lawyers, but they are trained to collaborate with attorneys when providing legal proof is critical. The most common assignment would be to locate a missing heir or his or her descendants.
If an estate is complicated because there is no will (intestate) or a clause in a will refers to an unknown child or relative, a forensic genealogist will be employed to trace the family tree and locate living heirs or their descendants. This is critical when an estate needs settling and an heir’s location is unknown, such as in the case of a child given up for adoption. If the deceased indicated in their will that a portion of their estate is to go to a child given up for adoption, the only clue may be the gender of the child and the date and place of birth.
Finding missing heirs can be especially important as an estate’s value is diminished with legal fees or when property cannot be sold or divided and remains in limbo.
Forensic genealogists follow the same rules and procedures that many genealogists follow in trying to trace lines in our own families. They utilize every imaginable record, including DNA results.
Estates can consist of everything from money, tangible assets such as property, artwork or even mineral rights. Trained forensic genealogists must be familiar with laws and resources. A forensic genealogist must provide documentation that will stand up in a court case should the results be challenged. This can occur when a large estate is involved, or even in a smaller estate where heirs wrangle over family items.
A forensic genealogist might also be hired to help identify the remains of an unknown person. In most instances this will involve DNA, which will match with relatives. This can be simple or complicated. Again, the report from the forensic genealogist must be able to identify the remains without question. Cases like this often appear in national news feeds.
Maine has seen its own missing military veterans identified and returned doe burial with families. DNA has made these types of occurrences more common, but there are still thousands of “unknown” soldiers in cemeteries whose remains will never be identified. If you visit a Civil War cemetery, for example, you’ll find row after row of “unknown” graves from both sides of the conflict.
Years ago, genealogists began to use DNA to assist municipalities in locating the relatives of deceased homeless individuals. Until the advent of DNA, families often never knew what happened to a long-lost loved one. Today the popularity of DNA testing makes locating individuals easier, but forensic genealogists must adhere to exacting standards and weigh resources to produce a valid and legal outcome.
Columnist Nancy Battick of Dover-Foxcroft has researched genealogy for over 30 years. She is past president of the Maine Genealogical Society, author of several genealogical articles and co-transcribed the Vital Records of Dover-Foxcroft. Nancy holds an MA in History from UM. Reader emails are welcome at nbattick@roadrunner.com.