Google lets its users assign their online accounts to a beneficiary in the event of their death. The company will contact the beneficiary if the account is unused for a certain period of time. Twitter permits an executor or a verified family member to deactivate a decedent’s account as long as a death certificate and proper identification are presented.
However, privacy issues abound if an executor of an estate seeks to access or transfer emails or other online information. If you have not “assigned a beneficiary” or are not simply “deactivating” an account, an executor or other person acting as a fiduciary may run into some obstacles. Current federal law does not make exceptions for fiduciaries to access or transfer such information. Nor does federal law permit access without express permission – that means just because you have a password doesn’t mean you aren’t violating the law. Such access or transfer could violate the privacy rights of the decedent, various third parties with whom the decedent was in contact and, as mentioned, federal law.
Delaware recently passed legislation that gives expanded fiduciary access to online accounts. That law however, may conflict with federal law regarding access to email and online information. Rhode Island law requires a court order to obtain access to such accounts. Apple requires a death certificate, identification of the fiduciary and a specifically worded court order to access its electronic account information. In short, don’t expect to easily access a decedent’s electronic information until both federal and state law become clear on the issue.
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