Missouri Laws 472.430 – Disclosure to personal representative of user’s estate, when
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1) A written request for disclosure in physical or electronic form;
Terms Used In Missouri Laws 472.430
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the letters testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small estate affidavit or court order;
(4) Unless the user provided direction using an online tool, then in the case of user consent to disclosure, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(5) If requested by the custodian for the purpose of identifying the correct account of the user:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(b) Evidence linking the account to the user; or
(c) A finding by the court that:
a. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision;
b. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., as amended, 47 U.S.C. § 222, as amended, or other applicable law;
c. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
d. Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.