Deer Park, TX asked in Probate for Texas

Q: I am trying to get my 24 yr old deceased son's medical records.

He lived at home with his parents and was a collage student. the doctor denied my request. said I would need an executor. What do I need to do it obtain them?

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2 Lawyer Answers
Ross F. Tew
Ross F. Tew
Answered
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: Find an attorney in your area who handles probate cases.

If your son left a Will and you are the executor named, then your attorney will file an Application with the Probate Court, along with the original Will, and you will have a hearing to prove that the Will is valid and get your Letters Testamentary. That is what shows the doctor you have authority to obtain your son's medical records.

If your son didn't leave a Will, which is likely given that he was a college student, you would ask the Court to appoint you as the Administrator of his estate, and the Clerk would issue you Letters of Administration. The primary difference between Executors and Administrators is that an Executor is specifically named in the deceased person's Will. If there is no Will you would serve as Administrator, but your duties are the same.

If you are serving as Administrator you likely want to serve independently rather than dependently, which will require the Court to determine who your son's heirs are before you can receive your Letters of Administration. If your son was married or had children, they will need to be identified to the Court and be notified of the proceedings. If your son was unmarried and had no children his heirs would be his parents if both are still alive. If either parent predeceased your son, your son's siblings would inherit that deceased parent's share.

Ultimately you need to meet with an attorney to start the process, and you cannot serve as the representative of the estate (executor or administrator) without being represented by an attorney. Hopefully this answers your question and gets you started in the right direction.

Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: The executor of the estate of someone who dies with a Will (or the administrator of the estate of someone who dies without a Will) may request the records. To become the executor or administrator of your son's estate, hire a local probate lawyer and apply to probate (prove) it.

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