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Authors

Justin Atwater

Abstract

Today, e-mail is a part of the average person's everyday life. Despite their widespread use, legislatures and courts have not needed to deal in great detail with the disposition and ownership of personal e-mail accounts. This is attributable, in part, to the novelty of e-mail, but is more likely the result of the lag between the advent of e-mail and the death of those that most often use it. With the number of e-mail users increasing, the number of people who die owning e-mail accounts will also increase. As such, the question of what happens to personal e-mail at death is certain to become a pressing legal issue. Estate planning attorneys cannot idly wait for the law to evolve, nor can clients rely on the current landscape to protect their interests.

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