This rule governs who owns records that belonged to a decedent after death, when a fiduciary has custody of them. The ownership label matters because it often controls whether a fiduciary can resist producing records in disclosure disputes.
If the records belonged to the decedent before death, a fiduciary generally cannot treat them as personal possessions simply because the fiduciary holds them.
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Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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