QUESTION
How can I access medical records of deceased father if his surviving spouse won't sign the release forms?
Asked on Oct 25th, 2013 on Estate Planning - Michigan
More details to this question:
My father passed away 3 months ago and I was listed on his life insurance policy as his 100% beneficiary. The insurance company is asking for copies of his medical records for the last 5 years. However, his surviving spouse is not happy that he made me the beneficiary and will not sign the medical release forms so that this info can be accessed. How else can I obtain these records so that the Life Insurance policy can be paid out?
10 ANSWERS
3 Awards
You will need to file with the probate court to get an Order appointing a special administrator and authorizing the release of medical records to the special administrator. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 29th, 2013 at 1:14 AM
Divorce Attorney serving Bingham Farms, MI
at
Gottlieb & Goren, P.C.
Update Your Profile
Open a probate estate. The Personal Representative can sign the release form.
Answered on Oct 29th, 2013 at 1:14 AM
2 Awards
It is very rare for an insurance company to make that request. In fact I have never heard of it. If the doctors will not release them to you, you will have to go to court and get a court order. I would have an attorney talk to the insurance company first as again that is an odd request and perhaps there is another way to get your benefits.
Answered on Oct 28th, 2013 at 1:26 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
You are advised to obtain the services of probate litigation counsel to petition the probate court for an order compelling the wife to sign the release of information for medical records, and name the doctor into the proceedings that cared for your father medically.
Answered on Oct 25th, 2013 at 1:40 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
I'm not sure why spouse would be able to, or would need to, sign a release. Is she the personal representative of his probate estate? If so, petition the court to instruct her to sign the release you need.
Answered on Oct 25th, 2013 at 1:37 PM
You can request the Court issue an Order requiring these records be supplied to you. You should also investigate with your attorney why the insurance company is requesting these as that request is not usual.
Answered on Oct 25th, 2013 at 11:18 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Start a probate case and become the personal representative and authorize the release. If she has started the case, then move the court to order the release of the records.
Answered on Oct 25th, 2013 at 11:18 AM
The executor of your father's estate can handle this for you. Five years of medical records seems a bit extreme for a life insurance policy payable upon death.
Answered on Oct 25th, 2013 at 9:20 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
There are two other ways. 1) Open an estate and become the personal representative. 2) Ask that a special administrator be appointed, in order to obtain the records. How you proceed depends on the amount of the insurance.
Answered on Oct 25th, 2013 at 8:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
The insurance company should jab one he signed.
Answered on Oct 25th, 2013 at 8:28 AM