Q: Can a church release the giving records of a deceased member to a family member that is not the executor?
An adult child of the deceased is requesting the records but is not the executor of the estate. The executor is another adult child of the deceased and a sibling to the requester. The church is very willing to release the giving statements to any family member that requests them but does not know if it is legal to do so without the executor's permission.
A:
I don't see any 'privacy' issues (that ends at death) but the only person who can really 'use' the information is the personal representative when preparing the final tax return. Why would the other heirs want that information?
In other words, my 'spidey-sense' is tingling. I'd suggest the best course of action for the Church is to request a copy of the letters of authority and then release the information to the Court-named personal representative. It just seems 'safer' for everyone and if the heir who has contacted the church really wants the info, they can get it from the PR.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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