TELECOM Digest OnLine - Sorted: Re: Who Gets to See the E-mail of the Deceased?

Re: Who Gets to See the E-mail of the Deceased?

Robert Bonomi (bonomi@host122.r-bonomi.com)
Sun, 08 May 2005 20:25:15 -0000

In an addendum to article <telecom24.201.8@telecom-digest.org>,
PAT noted:

> [TELECOM Digest Editor's Note: I would think however, that if the
> 'internet company' later got in a legal hassle about this -- let's say
> for example, tomorrow I showed up at the ISP's office with my properly
> notorized papers as the executor of the soldier's estate and asked
> them where is my email, and made a legal stench because they (ISP)
> had already given it away to someone else, they (ISP) could make a
> reasonable defense: "We acted in good faith; not knowing of any other
> executor to the estate. Typically for unmarried young soldiers who
> die in combat, their parents _are_ the executors, and in good faith
> we worked with them on that basis." I think that would hold up if
> the ISP were to get sued, since it is unreasonable the ISP as one of
> its obligations is to search for other executors.

You're right on one thing. It is *NOT* the ISP's duty to 'search out'
other executors. It is their duty to act *only* _with_ the "properly
desigated" executor. Which requires _proof_ of the appointment to
that position. Which comes only from the court.

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