Probate & Trust Law Section Conference Manual ... - Minnesota CLE

c. If device is password protected, software and/or computer
forensics specialist may be able to very easily bypass the
password.
2. If email account is with an Internet Service Provider (phone or
cable company), ISP will usually reset the password upon the
appropriate fiduciary’s request.
3. Web-based email services:
a. Google has recently added a feature that some may find
helpful which is available for all Google accounts
including, but not limited to, its popular Gmail web-based
email service. New and existing Google users can
designate up to 10 individuals to receive the contents of the
user’s Google accounts in the event that such accounts are
inactive for a designated period selected by the user. The
user may instead choose that the account is deleted after the
designated period of inactivity. In the event this feature has
not been activated, gmail may release the contents of the
email account (but not the password) to the appropriate
fiduciary, although google has indicated that it may take
them awhile to respond to the fiduciary’s request.
b. Hotmail may release the contents of the email account (but
not the password) to the appropriate fiduciary.
c. Yahoo will release the contents of the account if the
appropriate fiduciary obtains a court order. For example, in
2004, the family of deceased Marine Justin Ellsworth
sought to obtain messages from a yahoo email account and
successfully obtained a court order directing yahoo to
release the contents of Justin’s account. The family was
sent a CD containing all messages Justin received, but not
sent, as the settings chosen on his email account provided
that sent messages would be shortly deleted.
4. Prompt access is extremely important.
a. Important to review/cancel automatic and electronic bill
payments. If the estate is insufficient to pay all creditors’
claims, such automatic payments may expose the fiduciary
to liability for paying creditors’ claims out of order.
b. If prompt access is not obtained, emails could be deleted –
most free email services delete messages if account has not
been accessed for 4 to 9 months and will delete a person’s
entire account if not accessed for 8 to 12 months.
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