If a deceased user consented to, or a court directs disclosure of, the contents of electronic communications of the user, the custodian shall disclose to the executor of the estate of the user the content of an electronic communication sent or received by the user if the executor gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the certificate of appointment as executor;
(4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5) If requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) Evidence linking the account to the user; or
(C) A court record or order that includes a finding by the court that:
(i) The user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision;
(ii) Disclosure of the content of electronic communications of the user would not violate 18 USC 2701 et seq., 47 USC 222, or other applicable law, as amended from time to time;
(iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
(P.A. 16-145, S. 7.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.