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Loren, Lawyer
Category: Family Law
Satisfied Customers: 32997
Experience:  30 plus years of experience.
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My mother died while married to my step-father. I want

Customer Question

My mother died while married to my step-father. I want access to her medical records, but I'm told only my step-father has the rights to that information. I'm not looking for any money or asserts, just my mom's medical records. Does the marriage contract continue after the death of one spouse? Do I have any rights to my mom's medical records or to speak to her doctors?
Submitted: 11 months ago.
Category: Family Law
Expert:  Loren replied 11 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you. My condolences for your loss.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Please be patient as I type your answer.

Expert:  Loren replied 11 months ago.

Access to medical records is similar to the right to make final plans regarding the funeral. It is called the right of sepulcher and it is reserved to the next of kin.

When a spouse dies, the surviving spouse is the next of kin and anyone else seeking access to medical records would need a subpoena from the court or an appointment as executor to the estate.

Expert:  Loren replied 11 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 11 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (5 stars) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

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