Q: How do I get a copy of power of attorney, of will, and medical records from nursing home for estranged biological dad?
Biological dad whom I never knew dies, his brother has power of attorney and is the executor. My dad had been placed in a nursing home for about a year before he died from respiratory failure at the young age of 68 years old. The cost to stay at the nursing home was $10,000 per month. It is believed that my dad was left a large amount of money upon the passing of his parents (my biological grandparent). When I was 21 years old I met my dad and was the last I saw him but during our meeting he had said he had an insurance policy and upon his death would pay me an undisclosed amount. After learning my dad had died almost a year prior I obtained his death certificate and wrote his brother requesting that he disclose any policies or wishes my dad had left for me. His brother responded by phone and I was told that there was nothing left for me. I requested a copy of the will and the power of attorney but was denied. The nursing home denied me his medical records despite my current bad health
A: I am sorry to hear of your plight but you have some recourse. First, you should make a written demand by letter, certified mail return receipt, and keep a copy. I would recommend having a lawyer prepare that letter for it to be worded properly and to be effective. If the letter doesn't do any good, then as the biological son you have a legal right to file a probate court petition in the county in which your father was a resident when he passed away. Your probate court petition would ask for you to be appointed the estate administrator/executor and his brother would be notified. His brother would then have to respond to the petition and he might file his own petition asking to be appointed instead of you. The probate court proceeding would most likely eventually flush out and reveal your father's estate but that process is likely to take a year or more. It is recommend that you retain an attorney to file your probate petition and represent you in the probate. Good luck.
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