My father passed recently The county medical examiner the day after his death told me to get a malpractice attorney. I was my father's primary care provider for the past ten years. I met with a malpractice attorney and personally paid for an autopsy. I provided the attorney with medical records, that I attached on pages written notes that I spent hours reviewing and noting. I was there 4x a day at facility prior to his death, communicating my concerns. An executor was appointed almost a month and a half after my fathers death. This executor since has only shown that his primary concern from my fathers death is to monetarily benefiting his family and is non-commutative. Prior to this I had been in contact weekly with the malpractice attorney who took all my records. After recent meeting with the executor in order to get medical release forms signed for the malpractice attorney, I have had no return email from the malpractice attorney with regard to how things are proceeding or if the firm is taking the case after leaving the forms at his offices. I did not meet with the malpractice attorney regarding my father' estate or was that ever asked / discussed in our initial meeting.
I am not exactly clear what your question is...but the executor, if appointed by the Surrogate, is able to collect and maintain all of your father's assets and records. In fact the executor has a duty to protect them. As a beneficiary of the estate you certainly have right to be certain the executor is acting properly (following up to assist the P/I attorney in investigating this case).
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
Hire a lawyer to get the records back.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
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