Case Study: Undue Influence

The “Isolation Event”

The Legal Challenge

Establishing “Undue Influence” requires proving the testator was susceptible to pressure and that the influencer actively isolated them. In this matter, the Caretaker claimed the decedent “chose” to stop speaking to his children.

The Forensic Methodology

We acquired Call Detail Records (CDRs) spanning 36 months via subpoena. We applied frequency analysis and geo-location mapping to the dataset to establish a baseline of communication prior to the Caretaker’s employment.

The Evidence Package

We produced a chronological data narrative demonstrating a statistically significant deviation in behavior:

• Baseline (Months 1-12): Decedent averaged 14.5 hours/month of voice contact with biological children.
• The Shift (Months 13-24): Coinciding with the Caretaker’s start date, outbound calls to children decreased by 92%.
• The Smoking Gun (Month 25): 100% of the Decedent’s text messages were geo-located to the same tower as the Caretaker’s device, indicating the Caretaker was physically possessing the Decedent’s phone during “replies” to the family.

Outcome

The visual timeline of isolation was submitted as an expert report. The defense settled prior to deposition, reinstating the original beneficiaries.

Case Study: Asset Recovery

Recovering the “Lost” Ledger

Executors often face a “Black Box” estate where substantial assets exist on the blockchain but lack custodial documentation. In this matter, the Decedent left no instructions regarding his cryptocurrency holdings.

Forensic Triage

We do not utilize “brute force” hacking. We utilize forensic artifacts to reconstruct access. Our investigation targeted three specific data silos:

• Password Managers: Analysis of the local 1Password vault revealed “Secure Notes” containing partial seed phrases.
• Image Metadata: Scanning the iCloud Photo Library for OCR-detectable text matches for “BIP-39” word lists (12-24 word recovery phrases).
• Browser History: Identifying specific exchange interactions (Coinbase, Kraken) to direct subpoena efforts for account balances.

The Discovery

We located a screenshot of a QR code in the “Recently Deleted” folder of the Decedent’s iPad. This QR code corresponded to a non-custodial wallet containing substantial Ethereum holdings.

Outcome

We successfully reconstructed the private key, transferred the assets to a multi-sig wallet controlled by the Court-Appointed Executor, and provided a Chain of Custody report for the probate accounting.

Case Study: Will Contest

Metadata vs. The “Deathbed” Amendment

A Codicil appeared two days prior to death, significantly altering the distribution of assets. The document was presented as having been typed and signed by the Decedent on their personal laptop. The signature appeared authentic, but the timeline was suspicious.

Document Forensics

We imaged the hard drive of the laptop in question using a write-blocker to preserve evidence integrity. We analyzed the Master File Table (MFT) and internal application metadata of the PDF in question.

The Findings

• Creation Date Mismatch: While the document was dated “September 12th,” the PDF internal XML metadata confirmed it was created three weeks prior.
• Author Attribution: The “Last Modified By” tag in the source Word document was not the Decedent, but a user account named “Admin” associated with the Step-Child’s email address.
• Linguistic Analysis: A stylistic comparison of the Codicil against 5 years of the Decedent’s emails revealed a 90% probability of different authorship based on syntax and vocabulary usage.

Outcome

The forensic report proved the document was fabricated and backdated. The Codicil was ruled invalid due to fraud and spoilation of evidence.

Privacy & Retention Policy

Effective Date: September 1, 2025

Probate Litigation Lab operates under strict confidentiality protocols designed to protect the attorney-client privilege and work-product doctrine.

1. The Kovel Engagement

When retained by Legal Counsel, we operate under the principles of United States v. Kovel (1961). All communications, data analysis, and findings are treated as privileged extensions of the attorney’s work product until such time as we are designated as testifying experts.

2. Data Chain of Custody

We utilize forensic imaging (E01 format) with MD5 hash verification to ensure data integrity. All client data is stored on air-gapped, encrypted servers compliant with FIPS 140-2 standards. We do not retain client data beyond the statutory period required by the engagement letter or court order.

3. Third-Party Disclosure

We do not disclose the existence of an investigation to beneficiaries, family members, or opposing counsel without express written direction from the retaining Client (Executor or Counsel).

Terms of Service

Last Updated: September 1, 2025

1. Nature of Services

Probate Litigation Lab provides technical litigation support, digital forensics, and data analysis. We are not a law firm and do not provide legal advice. Our services are intended to support licensed attorneys and court-appointed fiduciaries.

2. Admissibility & Guarantee

While we adhere to the highest standards of forensic science (including Federal Rules of Evidence 902), we cannot guarantee the admissibility of evidence in every specific jurisdiction or the outcome of any litigation.

3. Conflicts of Interest

We conduct a rigorous conflict check prior to engagement. We reserve the right to decline representation if a conflict exists with other parties in the probate matter.

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