Legal Topics

Estates and trusts — Digital assets of decedent — Motion for sanctions

Nov 07th, 2021 in by admin

Estates and trusts — Digital assets of decedent — Motion for sanctions against personal representative who obtained access to decedent’s email account and emails, alleging violation of decedent’s privacy rights is denied — Personal representative’s cross-motion for sanctions also denied — Standing — Movants, a company and an acquaintance of decedent, have no standing to seek relief for alleged violation of decedent’s privacy rights — Further, any common-law privacy claim that decedent might have had was extinguished upon her death — Pursuant to provisions of Florida Fiduciary Access to Digital Assets Act, personal representative is entitled to custody of contents of decedent’s email accounts — Fact that movants did not receive notice of personal representative’s application for court order directing account custodian to disclose account contents is immaterial where movants had no standing to object to application