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Attorney2020
Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2578
Experience:  Estate planning and wealth preservation attorney.
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I just got an answer from another lawyer there.: my wife

Customer Question

I just got an answer from another lawyer there. : my wife died without a will in feb 2015. I am her surviving spouse. there is no estate . any assets were awarded to me via deficiency judgment letters. I want her medical records. The people who have them
won't release them because they say they will only release them to executor of estate. There is no monetary value to these records. The lawyer there told me about filing for an affidavit of Small Estate. I got the form online and will have it notarized and
filed with the superior court. My question is this: I live in NC. If they won't release them and I have to bring them to court do I : bring them to small claims court because it is property with little ( or none in this case) monetary value and show that I
am entitled to them via the affidavit of Estate ( I also have already been awarded a Letter of Administrator of Estate). Or, do I : have to go to a probate court because it is about an estate. I am not sure because: 1. there is no monetary value 2. I am making
a claim for property THEY have that I want.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Attorney2020 replied 1 year ago.

You will have to go to probate court. Small claims courts do not have jurisdiction over probate matters. See court link for frequently asked question about NC estate: http://www.nccourts.org/Support/FAQs/FAQs.asp?Type=18&language=1

I hope that helped. Please ask any follow-up question. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.
If the affidavit of small estate is filed in Cabarrus County , NC can I serve them for the Cabarrus county court or do I have to serve them for Mecklenburg County( this is the county where the person with the records works and where she saw my wife for therapy). I reside in Cabarrus county (as did my wife), but If I can't get them to Cabarrus county court I can file in Mecklenburg county. I'd rather do Cabarrus if possible.
Expert:  Attorney2020 replied 1 year ago.

You can file the action in Cabarrus county where your wife resided.

I hope that helped. Please ask any follow-up question. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

Any follow-up questions?

Expert:  Attorney2020 replied 1 year ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for you cooperation. Thank you.

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