A Fallen Soldier's E-Mail

A breaking story involves a soldier, killed in the line of duty, and his email. Michelle Malkin highlights the story. Basic facts: soldier dies; family wants to access his email, but doesn't have the password; email server refuses to release it, citing privacy.

Michelle agrees with the policy, as a preservation of privacy.

However, at least here in New York, the court-appointed representative of an estate has far-reaching powers, including the right to open the decedent's U.S. mail. It's needed to assure the smooth administration of the estate.

What if there are on-line bank or stock accounts? If bills are sent e-mail? If information about a new Will or codicil is contained in the emails?

I think the issue of privacy, (which we conservatives often argue is not a Constitutional right) is trumped by the estate's need to know. I wonder if Michigan law is the same, and whether any attorney there has stepped up. I know if this involved a New York representative, I would get an administrator/executor appointed, get an order enjoining the destruction of the email account and its contents, and then seek the release of the password.

As for the underlying dispute, I think no one has a reasonable expectation of privacy post-death, (although it is true that attorney-client privilege outlasts a decedent and can't be waived post-death by the estate,)

I think I need to think about it some more. But, I think the legal remedy may be available to the estate of this brave Marine.