Sunday, May 23, 2010

What is the court procedure to recover email account from deceased family member?

My father passed away and I have to wrap up all his businesses dealings, many of which have info in the email account. How do I go about to transfer his account over to me? This is a yahoo.ar account.
What is the court procedure to recover email account from deceased family member?
Courts are probably not going to overrule individual mail providers. Rules are rules.You can try to contact Yahoo!, but for security purposes, you are probably not going to be able to access his account(s) without any of his account information. Maybe try emailing your request with as much information as possible to this address, account-security-help@cc.yahoo-inc.com. They will be able to give you direction. This is a good lesson for everyone, but who would have thunk it. In this hi-tech world, we should be including accounts and passwords in our will or safe deposit box for family members to access upon our demise.
Reply:This is the link to the TOS (terms of service):


http://info.yahoo.com/legal/us/yahoo/uto...





Under #27 it says: No Right of Survivorship and Non-Transferability.


You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.





But under #6 member conduct it says this:


You acknowledge, consent and agree that Yahoo! may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Yahoo!, its users and the public.





Note: I'm not a lawyer, but to me it sounds as if #6 a) could apply in your case since it is a business mail account and may be crucial to wrap up the business. I suggest to talk with a real lawyer about it before taking any further steps. Good luck!





Yahoo contact for business mail account: http://smallbusiness.yahoo.com/contactus...
Reply:Yahoo is very strict about their privacy policies, even in death. The executor of the will, needs to contact Yahoo, but they may not give them access. I do not think the courts can do anything about an E-mail services policies. I am sorry I could not be of more help.

No comments:

Post a Comment