QUESTION
How do I get information for my deceased father?
Asked on Feb 07th, 2014 on Estate Planning - Nevada
More details to this question:
My father passed away just recently and I need to know how I can get records and reports regarding how he passed. Do I need to fill out certain forms or etc. in order to get any information? My father had an accident 1 or 2 hours after being put in nursing home without mine or my other brother’s knowledge. Thank you.
13 ANSWERS
I would suggest that you see an attorney in your local area.
Answered on Feb 13th, 2014 at 5:24 AM
Run, do not walk to an attorney to assist you with this. It is serious and time is of the essence.
Answered on Feb 13th, 2014 at 5:24 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of an elder abuse attorney to look into the situation and advise you as to how to obtain the information you are seeking.
Answered on Feb 13th, 2014 at 5:22 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The only person legally authorized to get records is the Personal Representative for the estate. That person is appointed by the probate court. You would normally file an application or petition to be appointed. There is a $150 filing fee and a $12 charge for Letters of Authority.
Answered on Feb 12th, 2014 at 4:45 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Someone needs to file a probate action in the county probate court to be appointed personal representative of his estate.that is the only way to get legal authority to be able to get the documentation.
Answered on Feb 12th, 2014 at 4:44 PM
2 Awards
Go to the county recorder and get a death certificate. You are entitled to one as a child. You can also get the records from the home.
Answered on Feb 12th, 2014 at 4:44 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Once you file for probate, the personal representative will have the power to get that information.
Answered on Feb 12th, 2014 at 4:43 PM
Thomas Edward Gates
You need to retain a personal injury attorney to assist you. You may need to file a lawsuit to get the records during the Discover period.
Answered on Feb 12th, 2014 at 4:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The personal representative can get that information. File a petition to probate your father's estate. If there is really nothing there, then you may be able to do it as a small estate. If there are substantial assets, then you need to file for either formal or informal probate. Probably informal unless there will be a contest of some kind.
Answered on Feb 12th, 2014 at 4:43 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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As immediate family the reports ought to be available to you unless your are being blocked by a spouse. In the alternative an estate could be opened and the records could be requested through the estate. The representative can be forced to turn the records over to you and your brother.
Answered on Feb 12th, 2014 at 4:42 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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If you might file suit best bet is to open a probate estate and be appointed representative. It might be possible to get records through an affidavit procedure without probate. Talk to a probate attorney.
Answered on Feb 12th, 2014 at 4:42 PM
Edwin K. Niles
As a child you can apply for a copy of his death certificate, which will give you some info. (County Recorder). You can also request medical records from the facility.
Answered on Feb 12th, 2014 at 4:01 PM
3 Awards
Without a court order you cannot this this information. You will need to open a probate, be appointed to serve as the Personal Representative with the specific power to obtain medical information and that addresses HIPAA. Then you need to have subpoenas issued and served to get the medical records. Speak with an estate attorney to assist.
Answered on Feb 10th, 2014 at 9:57 PM