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GeorgetownLawyr
GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12047
Experience:  Experience in Probate matters, including will contests and civil litgation related to estates.
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Recently, my mother died at our local hospital and did not

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Recently, my mother died at our local hospital in Detroit, Michigan, and unfortunately she did not have any assets. I had durable power of attorney at the time, but that became void once she died. The insurance company is now requesting that I seek to become guardian over her estate and request her medical records before they will relinquish any monies from her life insurance policy. Again, my mother owns nothing and has no money anywhere. So, I spoke to an attorney who advised that because there are no finances being sought, all I would need is the ability to access her medical records and that there is an easier way that would be less expensive. The attorney suggested that I fill out an Personal Representative Document at the Probate Court, which should cost nothing. So, I went to the court house and was told by a Representative that she was unaware of that and there was no such option available. She further stated that I would need $150.00 to open an Estate request and see the judge the same day for approval. Unfortunately I can't afford this cost, and I need to know what the options are so that I can have my mothers medical records released. Please help!!

Submitted: 11 months ago.
Category: Estate Law
Expert:  GeorgetownLawyr replied 11 months ago.
Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

I'm really very sorry to hear about the loss of your mother, first of all.
have you asked the hospital would else you could do to get her records?
also, how much is the policy proceeds?
Are you an only child?
Does you/your mom have other family members/
Customer: replied 11 months ago.

First, I have spoke to an representative from the hospital medical records department who stated I would need to summons the court to open the Estate.


 


 


Secondly, the policy has a few funds but not an extreme amount.


 


Thirdly, I am NOT an only child, there are two other siblings who are not interested at all and are not interested in me contacting them for anything.


 


Finally, my mother does have a sister who is younger and resides in the same city. I hope this information was helpful.


 


Thank you,


Van

Expert:  GeorgetownLawyr replied 11 months ago.
Thanks Van. Listen this is not a true legal issue, this is an admin issue. The hospital has the record holder has rules for you to access the records so you have to follow what the hospital says. They require a court order that would give you the power to get the records. I would love to tell you there is another way, but in this case the hospital sets their own policies and to get the records any other way would still require a court order. there is no way to go around the court in this case. I would suggest something creative and that you borrow the $150, which is actually a small amount in these type cases, and promise whomever you can borrow the money from that you will repay them from the proceeds of the policy.

You can promise them to put it in writing and notarize it so that they feel confident they will get their money back. If you cannot borrow the money from one person, then perhaps a few people until you get the entire amount. I'm sorry for your situation and please if you are upset about the answer, do not be upset at me for being the messenger and if you cannot give a positive rating, allow me to work to earn it or give no rating at all because I can't control the answer here. I hope this helps clarify.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. We are not paid a salary here and positive ratings encourage experts to answer future questions. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: To Georgetown Lawyer on the subject line. Thank you!
GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12047
Experience: Experience in Probate matters, including will contests and civil litgation related to estates.
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