🚀 go-pugleaf

sears@tree.egr.uh.edu (Paul S. Sears) writes:

[ Concerning access to the computer account of a student who has died ]

> 4) The current policy of Academic Computing is that the only person who can  
> *legally* access an account is the one who signed the account application,  
> which means that the parents cannot be given access.  In essence I agree, but
> was that a decision that would legally hold water??  

As far as I know, no.  By law the executor becomes, to some extent, the
person who signed the account application.  Their signature is as good as
the deceased's ever was, and can draw on the deceased's money, and settle
contracts under the deceased's name.  I believe the executor (as the
persona of the student's estate) is also legally bound by commitments the
student had, so if the student signed a nondisclosure agreement, the
executor would be bound by it.  Withholding the student's property from the
executor is legally equivalent to withholding them from the student himself
if he hadn't died - it would be legal (and ethical) only if there's some
dispute about who the files actually belonged to.

I'm pretty sure this is the case if the probate is handled by a Muniment of
Title, which is often used for simple probate cases (and I can't believe a
student's would be very complicated).  It may apply, with more
restrictions, to other kinds of probate.

This is crossposted to misc.legal - I'm sure people there will be delighted
to correct me if I'm wrong.

-- 
Tom Fitzgerald   Wang Labs       fitz@wang.com   "I went to the universe today;
1-508-967-5278   Lowell MA, USA                   It was closed...."