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In this section we publish the responses to questions of general interest that we receive. If you would like to submit a question, you may click on Ask a Question and submit it for an answer -- free of charge. We reserve the right to edit and alter all questions so as to make them suitable for display on this forum. Although only selected questions of broad interest appear on this page, we attempt to answer all questions by E-Mail.  We will not respond to any question that does not include an E-mail address, nor will we respond to any question that in our opinion, could be offensive to anyone, or which violates our standards of ethical or professional behavior.    If your question is published, neither your name nor your E-Mail address will appear on this web site. Our responses are for general enlightenment and should never be construed as professional advise that applies to a specific situation.
                          
How can I find hidden assets? What can I do about employee disloyalty?
Do I need a lawyer or an investigator? Has he ever been married?
How can locate a birth-parent? What will it cost to find bank accounts?
Do I really need a lawyer? Can I use an Internet search to find hidden real-estate?
Return to "Kaplan Responds" main page Go to "Ask a Question"

Can I do it myself?           

                             
Question: How can you find hidden assets in the form of property or real-estate? Is it do-able?  My ex and his current wife own a business in her name. He runs the business and works there full time. He brags to people in our religious community of his prosperity. He lies and tells the court that he hurt his back and cannot work - he is disabled. Since I have a steady pay, the court continues to ask me for my salary. He is in his early 50's. I am in my late 40's. My son is 20 and a full time student.
           
Kaplan responds:

I'm going to break your question down into two parts:

"How can you find hidden assets in the form of property or real-estate? Is it do-able?"
bulletIn most cases it can be done. However, don't waste your money on a cut rate computer database search. Certainly, you will want to access reliable computer databases for a start. But, that is just the beginning...
bulletLet me digress for a moment to the phrase reliable computer databases. One of the biggest mistakes lay investigators make is to assume that the words computerized database = reliable database or even worse, Internet data = reliable data.
bulletProfessional investigators, work with these things every day and have the benefit of informal exchanges between colleagues. Some PIs go so far as to maintain a "burn list". Any source, including computerized databases, that makes it to this list, because they provided bad information, will never be used again. A PI has too much to lose by dealing casually with data purveyors and information brokers. Often, PIs will "vet" sources with known information to test the reliability and accuracy of information that is provided.
bulletNo public record database is 100% reliable. The reason is simple. It takes time to input data into the database. For example, if I were to sell my house today, it could days or even weeks for the database to show that event. Until that time, the information pertaining to the ownership of my house, would be wrong. Most databases do not reveal the age of their data. They want the user to assume that it is hot off the presses. If you entered a database and a caveat at the top said, "Caution this database was last brought up to date 2 years ago.", you might be reluctant to use it, in fact, you might not use it at all! So they say nothing and use the public perception that computerized database = reliable database, to market their sometimes very stale inventory.
bulletRecently a lawyer retained us to provide investigative support for a case she planned to litigate. As part of her briefing to us, she provided us with a list of five properties in Clark County, Nevada that the SUBJECT of our investigation owned. During our preliminary work-up on this case we searched for Clark County real estate owed by our SUBJECT. We found that there were currently only two parcels owned by SUBJECT rather than the five she told us about. The other three had at one time been owned by our SUBJECT, but had been sold more than two years ago. We compared notes. We knew at we had gotten our data directly from the Clark County Assessor, with whose database we were "on-line". Our lawyer friend maintained that she too was on-line with the Clark County Assessor. On closer examination, she noted that she got "on-line" through a widely used, highly regarded data gateway called Westlaw. So although she was on-line with Westlaw, she was not really on-line with the current Clark County Assessor database. Although she believed she was accessing the best available data, at least a part of what she had accessed was over two years old!
bulletEven government owned public computer database records are subject to gross errors. We know of one State of Nevada database of over one million records that had the "city" spelled wrong more than 18% of the time! That means that the odds were almost one in five that you would get a wrong answer if you happened to use the name of the city in your search criteria!
bulletThe moral of the story is to use computerized databases, but use them with caution and try not to put complete reliance in them.
bulletGetting back to your search for real estate related assets... Obviously, he can hold real estate in all sorts of different names and in any county in the country. That equates to a lot of preliminary searching and screening using computerized databases.
bulletWhat you really want to determine is his equity and any beneficial interest that he might have in real estate. (If he is named as the Beneficiary on a Deed of Trust or Mortgage, that could be worth real money, even though he owns no real estate!)
bulletLearning that he owns a piece of real estate worth $10 million does you no good if that property is mortgaged up to the hilt and he has no equity in it.
bulletLet's look at one possible scenario. He owns a piece of real estate in his own name, but he has no equity in it because it is mortgaged. That could be a legitimate mortgage or it could be a subterfuge to make the court think that he has no assets. It is the type of investigative problem that requires a trip to the Recorder's Office or Clerks Office where the property is located, by a PI who knows and understands real estate documents -- many do not.
bulletJust because your PI is a retired detective from the local police department is no guarantee that he or she is qualified to run the search you need. Since real estate records are at the heart of your search, getting the right PI is critical. For a nominal fee, we will assist you in the screening process.
           
You said something else that has me intrigued:

"He runs the business and works there full time. He brags to people in our religious community of his prosperity. He lies and tells the court that he hurt his back and cannot work - he is disabled."

                   
bulletIt seems to me that one thing that has to be done is to expose his lies about not being able to work. I would give this top priority over any asset search. I suspect that you may not have a lawyer, because I find it unimaginable that a competent attorney would not want to retain a PI and provide the court with proof that your ex is working full time and making money doing it! If you have a lawyer, talk with him or her about this. If you have tried to "save money" and represent yourself, you may already have done irreparable damage, but talk to a lawyer and find out.
      
                                 
Question: I am divorced and paying child support. Although my daughter has reached the age of majority, I am still paying child support based on her being a full time student. According though the state where I was divorced, if she is a full time student, I need to continue child support until age 22. I have contacted the state to ask them to verify if she is a student but they don't seem to care. Should I contact an attorney or an investigator to locate my daughter and determine whether or not she is a student? Thank you.
                   
Kaplan responds:
bullet

That's an easy one. You need to gather information -- you need to retain an investigator. Then, after you have the facts, you can determine if you need a lawyer. From what you describe, if you find your daughter to be a full time student, you would be wasting money hiring a lawyer to try to get out of making those payments. Further, I suspect that under those circumstances, you, as a caring parent, would not want to shirk your duty to your child. I also understand that you, like most of us, doesn't want to be scammed and that that is the basis of your concern. As I say -- retain an investigator and get the facts. See also An exception to the rule.

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I said that this is an easy call, yet you are not alone in being unsure of the correct person to go to in such cases. Many lawyers are confused about this. The better lawyers understand that investigation is a discipline unto itself. It is a discipline requiring expertise and personal traits not possessed by everyone - certainly not by many lawyers. (I could take that one step further by saying that some who hold themselves out to be investigators do not possess the expertise and personal qualities necessary to conduct investigations. Let me save that for another time.)

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Small wonder that there is this blurring of the lines between the job of an investigator and the job of a lawyer. One has only to turn on the TV and watch "JAG" to be misled into believing that attorneys, members of the Judge Advocates Generals Office in the United States Navy, routinely conduct all manner of investigation. I was never in the Navy, but as a Special Agent with the US Air Force Office of Special Investigations, I had significant contact with Navy investigators. In my experience such investigations as are depicted on "JAG" as being conducted by lawyers, were in fact conducted by highly trained professional investigators assigned to NISO, the Naval Investigative Services Office. If that has changed since my day, I would appreciate it if somebody would advise me.

bullet

On the issue of lawyers conducting investigations, Marshall Fouts, a lawyer and a member of Earl Stanley Gardner's "Court of Last Resort", in his classic book, "Evidence to Proof", noted that many lawyers are ill suited to conduct investigations because they are not able to separate "admissibility" from "probative value". Such a discussion can become highly technical and beyond the scope of my comments here. Suffice to say, it is my belief that when it comes to investigation, the thinking of lawyers can be limited by the very talents that make them good lawyers. The good lawyers recognize this and turn to investigators for assistance. The not so good lawyers try to do it themselves or have their secretary or paralegal do it. The most charitable thing I can say about such lawyers is that they know-not and know-not that they know-not -- they are stupid, shun them!

     
                 
Question: I am a 24 year old female. I was adopted at birth. My adoptive parents have steadfastly refused to tell me anything about my birth parents. They say that they know nothing, but I'm not sure I believe them. Regardless, I feel that I must try to locate my birth-parents. I know the hospital where I was born and my date of birth, but nothing more. I have a good job, but money does not come easily. How much would it cost to locate my birth-mother or birth-father?
                       
Kaplan Responds: 
bulletYou only ask one question, "How much would it cost to locate my birth-mother or birth-father?" I believe that you should be asking a second question, "Should I undertake this search at all?" There are things that suggest you should try to forget it and walk away from the who idea! The following are the types of questions you should be asking   yourself.
bulletAre my adoptive parents jealous or are they trying to protect me?
bulletIs going on this quest going to damage my relationship with my adoptive parents?
bulletRegardless of your adoptive parent's knowledge or motivation, your birth parents are a complete unknown. What if you find your birth mother and learn that she is a drug addict and a broken down prostitute? After you say "Hello!" and "All is forgiven!" What do you say, "How's tricks?"? What if you find your birth-father and learn that he is an habitual criminal who is doing 15 years for armed robbery of a convenience store. What do you have in common with him, your exciting visits to 7-11 stores?
bulletWhat if your birth parents are good, decent, people who have built a whole new life since you were born -- people with children and grandchildren. Do you have a right to impose a new parameter on their family structure? Do you really expect them to be overjoyed to be reunited with you? Perhaps, but what if they make it clear that they want no part of you? How will that make you feel?
bulletI hope I have made it clear that you are about to embark on on a dangerous journey that could end up hurting a lot of people -- including yourself. I know that it may not be possible, but you should keep trying to bring your adoptive parents on board.  You owe them every consideration -- particularly honesty and openness. They may not favor the idea, but at least you are not being a sneak.
bulletSeveral years ago an adoptive-father retained us to find the birth-father who deserted my client's 30 year old adopted daughter at birth. The daughter had asked my client to do that for her. It was a very difficult locate and from the outset everybody knew it would be "close to impossible". In due course we found the missing birth-father.  Elated, I phoned my client to give him the good news. Much to my surprise, he treated the news with dismay. He said that he did not want the birth-father found! He hired us because his daughter asked him to hire a PI. He knew that that this was a very difficult locate and hoped that we would fail! He explained that when his daughter asked for this favor, he hoped to put the issue to bed forever, by making a good faith effort.  On the verge of tears, he said that he was always very close to his daughter, but was deeply hurt by her search for her birth-father, a worthless individual who did nothing for his wife and child for 30 years. I don't know if he ever gave his daughter the "good news". Either way, his relationship with his daughter was forever changed.  
bulletI haven't forgotten your question, "How much would it cost to locate my birth-mother or birth-father?"
bulletThat kind of question must always be answered in the context of what we know in the situation at hand. In this case, the prognosis for success is very poor! You know where and when you were born, but that's all. You believe that if you (or your PI) could get into the archives of the hospital or the doctor who signed the birth certificate, you would be well on the road to accomplishing the mission. You are probably right, but you would still be a long way from reaching your goal. Depending on the PIs sources, launching a search of the archives could cost a fortune.
bulletLet's assume you make it to that level. Now what do you look for? Remember, 24 years ago computerization was not as wide spread as it is today. So now you have to search a microfilm index of every patient that was in that hospital the year you were born. The problem is that such indices are almost always alphabetic. Since you do not have your birth-mother's last name and the indexing would not be by date, you will probably have to search the entire year and note each birth, both male and female. Before you could eliminate the males that were born you would have to check each record. That would not be any extra effort because you have to check each record to identify the mother of every female born the same day as you. Whether you find 2 or 50, you have to copy down every available bit of information  on each mother that gave birth that day.
bulletYour continuing task now becomes one of eliminating names from the list you prepared. This has to be done with extreme care, lest you toss out the record of your birth. This alone could take weeks or months of expensive and time-consuming investigation. Assuming you have done everything right and have not literally thrown out the baby with the bath-water, you eventually have a "short list" that includes the name you are searching for. Only now, does your search for your birth-mother really begin. We all know that women get married and that names change, but depending upon how much data you were able to glean from your birth-mother's  hospital records (home addresses, social security number, date of birth, next of kin, etc.) your chances of success have improved radically. However, even now, you are faced with the very expensive prospect of having to locate and "check-out" every mother on your "short list". The cost of each of those searches could vary greatly depending on the birth-mother's name. If it is something like "Viara Vichigunov", you are not in bad shape, if it is a more common name, like, "Kim Smith", you are looking at a lot more expense!
bulletThe foregoing was not meant to be a blueprint or formula for conducting such investigations. I was merely trying to illustrate that in the real world, hiring a PI knowing only a date and place of birth, would in most cases, be a very, very expensive way to go.
bulletNow, I am going to do the unthinkable, I'm going to suggest you leap-frog 90% of the investigation  set forth above and get past the "short list" and all that preceded it. How do you do that? You hire a lawyer rather than a PI! Now, that is not just any lawyer. You are looking for a practitioner skilled in family and adoption law, who has a proven track record in the jurisdiction where you were born, of getting the courts to unseal adoption records. Once you get that record, you are probably going to need a PI to locate your birth-mother. Starting at that point, lets ask your question again, "How much would it cost to locate my birth-mother or birth-father?" Go to our list of attorneys.
bulletMy answer is that we would charge you a flat fee of $500, with our unique no-good no-pay guarantee.
bulletWe would give you a written contract  which would guarantee to locate either the birth-mother or the birth-father within an agreed upon time, or refund every penny of your $500! Go to our contingency locate contract.
           
 
Question:   Me and my husband purchased our dream home and 13 acres of land in Rome. We had our home moved to the property, which was equipped with power, telephone, septic and two (2) wells. Come to find out both wells were dry, when we were told they were both functional. The mortgage company had another well drilled but there was not enough water there to supply our Two Thousand Two Hundred (2,200) square feet home. First the well driller told us if we wanted to back out now was the time to do it, that he would load up his equipment, cut our loses, cover our tracks and throw a huge pine tree in the hole. But now after three (3) weeks later he is wanting his money and we had witnesses there to this man saying this.We were misled by the seller of this property. The main reason that we bought this property was due to the fact that it was equipped with all these utilites. But now we have a new home and thirteen acres of land that we can not live in due to we do not have any water. What are our rights due to this? Are we still resposible for our mortgage payment? Are we resposible to pay this well driller when the deal was between the mortgage company and the well driller? We did not sign the papers that was needed to be signed to pay this well driller for us to go deeper in debt for Thirteen Thousand Five Hundred Dollars ($13,500.00) more. Because the mortgage company restructered our loan but we did not re-sign all the paper work for this restructin of the loan. The mortgage company says the only way for us to get out of this deal is for them to forclose on us. So they want to ruin our credit for something that is not our fault. Please advise me on what we need to do. Desperately needing your advice.
Kaplan responds:
bulletI'm sorry to hear about the horrible situation in which you find yourself. You really need a lawyer. We are private investigators. We are experts in investigation, but are not licensed or qualified in law and never give legal advise.
bulletIf I were you I would find a local attorney skilled in real estate law. That might not be too easy, because mortgage companies like to hire all the local real estate lawyers so that those who know real estate would have a conflict and not be able to represent people like you who might end up having to sue the mortgage company. I said it would not be easy, but it would certainly not be impossible. I would start with the Martindale Hubble directory of Attorneys in the public library or better yet, on the internet. You will find a link to it on my web site. http://www.LasVegasPI.com It is easy to use. You may need a local investigator later. Let your lawyer tell you if that is the case.
bulletI can visualize how under certain circumstances a good lawyer could turn this around for you. The most important thing here is for you pay for a lawyer and expect results. Stop trying to do this for nothing! If you needed brain surgery, you would not operate on your own head nor would you want your relatives, friends and neighbors to start cutting holes in your head! This works the same way. You have a serious and complicated problem. You need an expert. Get one -- and be prepared to pay for it. And remember, not all lawyers specialize in real estate law. So don't hire a guy who specializes in criminal defense or divorces or personal injuries. Although he may do other types of work, the lawyer you hire must be very experienced in real estate law.
bulletNobody ever said that it was going to be easy! Good Luck!
  
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