I really need you to direct your answer to the question I asked. Can I refuse to release my medical information to the executor of my husband;s estate? They are not the original filing party, but stepped in after my husband died & before I was ever served. As crazy as this all is, it IS happening
Country relating to Question: United States
State (if USA): Alaska
I am trying to determine if I have the right to protect my medical info from release.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.I am assuming that you have been served with a summons and complaint for an annulment. While I know that you want a simple answer, the law is not simple and without knowing the status of the case, I cannot give you an answer. I know that you want to protect your medical information. Normally that would be discoverable but there are ways to keep from giving it to them. I need to know the grounds for the annulment in their petition and I assume that you have timely filed an answer. What defenses did you raise in your answer?
Their are asserting a 2-fold claim of non-consumation of the marriage and also trying to assert that I committed Fraud in getting my husband to marry me. I was never legally served and din't know of the action until after my husband died. Afterwards, his atty said he would dismiss action. Then I get notice the executor had filed to be replaced as the plaintiff. I filed objections which were not granted. The court clerk faxed me a copy of the complaint and I did file an answer. It is set for trial on 8/27. My husband was very ill. After his children learned we had married they went into insane mode and started seizing all his assets into their names. I contacted Adult Protective Services and wound up helping him get a court ordered conservator appointed to protect him from further depleation of his property. THe entire thing became indescribably ugly and harmed my husband's physical and emotional health. I have physical disabilities and receive SS Disability. On 9/24/09 I was physically attacked by 2 of the adult children and my attorney told me to leave the state and go on vacation to allow the hostilities to calm down. I never was allowed to see my husband again and he died 100 days later. All I am trying to do is preserve my marital status. They have dissolved the estate, taken everything and who cares... I don't want any of it, never did. So... now I am trying to prevent their disolving my marriage.
They have dissolved the estate, taken everything and who caresThen why not offer to simply disclaim any rights to his estate in return for them dismissing the action? Can I refuse to release my medical information to the executor of my husband;s estate. Their are asserting a 2-fold claim of non-consumation of the marriage and also trying to assert that I committed fraud in getting my husband to marry me.Then you can object to the release of your medical records as not being relevant and not designed to lead to admissible evidence. Your medical records would have nothing to with non-consumation of the marriage or the fraud. I have no idea how they would prove the that the marriage was never consummated unless you were never alone with him. You also did not really answer as to the alleged fraud. Then they would have to file a motion to compel and the judge would decide.You would need to file a reply in opposition to their motion for Summary Judgment and Counterclaim for summary judgment of your own. These claims are for a voidable marriage. I am not an expert on Alaska law but generally a voidable marriage cannot be attacked after death. Accordingly, the question of whether a suit to annul a marriage can b.emaintained after the death of one of the parties to themarliage depends on whether themarriage is void in the true sense, or merely voidable. See also 4 Am. Jur. 2dAnnulment of Marriage § 59 (2006); 47 A.L.R. 2d 1393, Right to Attack Validity ofMarriage After Death of Party Thereto (2007 update).Most states hold that a marriage cannot be annulled after death Greene v. Williams, 88 Cal. Rptr. 261 (Cal. App. 197)• Action to annul marriage does not survive the death of a party to the marriage.Here is the Alaska statute
A husband or wife may maintain an action against the other for divorce or to have the marriage declared void.
If either party to a marriage is incapable of consenting to it at the time of the marriage for want of marriageable age of consent or sufficient understanding, or if the consent of either party is obtained by force or fraud, or if either party fails to consummate the marriage, the marriage is voidable but only at the suit of the party under the disability or upon whom the force or fraud is imposed.
Given this statute, the court concluded that "[t]he personal representative of the estate may not bring a suit regarding the voidability of a marriage on ... behalf of a party under a disability after that party has died."
After surveying cases from other jurisdictions, the superior court further determined that Alaska's statutory scheme reflects the majority view, which the court characterized as precluding the personal representative of a deceased spouse from challenging the validity of the spouse's marriage in the absence of either an express statutory provision allowing post-mortem challenges or gross fraud coupled with mental disability.
Riddell v. Edwards, 76 P.3d 847 (Alaska 2003)
you can read the entire case at
Actively practicing trial attorney
I just read the Riddell v. Edwards case. The guy seems like a slime but I found it amazing that the marriage was upheld. So, if I am understanding your info, I can challenge the Motion for Summary Judgement based upon, 1) Right of Action, based on the executor not having the standing to act as the plaintiff, 2) The action can't continue after death of my husband ?
That is exactly correct. You would counterclaim for summary judgment on that basis.
This case has been reassigned from the original judge, who has retired. Would it be proper for me to point out that I raised these points in both my initial answer and a subsequent Motion to Dismiss? I also raised estopppel because for a year my husband and I lived together as man and wife, the Adult Protective Services investigated our marriage and found there was no problem with it and then the State stepped in and petitioned for a conservator to be appointed to protect my husband from further bad acts from his adult children who had been stripping away his assets. If my husband thought there was fraud he had ample opportunity to make such a claim... but the entire time he said he wanted to marry me & remain married to me... that his fear was his children. Then, 12 days after I was physically forced from the home, he suddenly says our marriage was not consumated and fraud? This after all kinds of private conversations with attorneys, investigators, friends, clergy, doctors. Do you see where estoppel could apply in any way?
Would it be proper for me to point out that I raised these points in both my initial answer and a subsequent motion to dismiss?although you raised those issues did you cite the above case? The proper procedure is to file a reply in opposition to the summary judgment and counter claim for summary judgment. You don't need anything else but the case law I cited above. That is clear precedent that is directly on point.
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