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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88775
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi. Anyone familiar with California law regarding email a

Customer Question

Hi. Anyone familiar with California law regarding email accounts?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
What are your questions?
Customer: replied 2 years ago.
My wife went to heaven. I want to protect her right to privacy and close her gmail account so no chance someone can violate her right to privacy. I sent info as required http://support.google.com/mail/bin/answer.py?hl=en&answer=14300, but no reply.
Expert:  Law Educator, Esq. replied 2 years ago.
I do not know why Google has not responded, but ultimately what they are going to request from you would be orders from the probate court showing you are the executor or administrator of the estate of email account owner and as such you have legal rights to access the account. If they fail to respond to the order to the court showing you are the administrator/executor, then you would need a specific order from the probate court to Google to order them to close down the account. Unfortunately, the CA laws and the laws of other states as well have yet to catch up with the technology regarding internet use and email, so you have to act as executor/administrator of the estate and seek to take action legally to close the accounts down and google does this to protect themselves from legal action regarding improperly closed accounts.

However, the several times I have faxed them information, I generally received a response in less than 7 days (although one time I had to fax them twice).


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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88775
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
I sent letters of administration from the surrogate court of NYS, and a specific document from the court giving me rights of administration for electronic email accounts. After Google failed to reply, my NYS attorney sent the same documentation, and again no reply. I think I need an attorney in CA who can help and is intimately familiar with Google email issues. Yes, the statutes are behind when it comes to electronic anything.
Expert:  Law Educator, Esq. replied 2 years ago.
Actually, if they have not responded upon providing the information, you would need to actually file suit against them in CA and that means needing an actual attorney in CA who can represent you, which this site forbids any expert on this site from doing. I apologize for that limitation of this service, but we are constrained by the rules of this site. To get an attorney in CA to represent you, you can use the same service used by other attorneys, http://www.martindale.com
Customer: replied 2 years ago.
Thank you, just as I suspected. I will have my attorney FAX them this week, and then in another 1-2 months, to have on record that we have been actively pursuing the issue, and that they have failed to reply, therefore justifying a suit in CA. Hopefully, they will reply. Thank you.
Expert:  Law Educator, Esq. replied 2 years ago.
Exactly the prudent course of action, give them the rope to hang themselves and then you can show that you tried their process and they refuse compliance.
Customer: replied 2 years ago.
Thank you for the compliment. I was thinking, living as a doctor (read, "target") in new york city for over 20 years, I feel as though I almost begin to think like an attorney! Thank you for your helpful thoughtful advice and have a great day!
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you sir. Thinking like an attorney is not difficult for anyone who has the educational background, it is just a logical thought process and creating paper trails of proof. You have a great day and great holiday week.

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