SD 802 Massachusetts Senate · 193rd Legislature (2023-2024)

An Act relative to access to a decedent's electronic mail accounts

This bill establishes a new chapter in Massachusetts law to clarify how legal representatives, such as executors or trustees, can access a deceased person's digital assets like email accounts. It defines specific terms related to digital storage and grants fiduciaries the authority to manage these accounts unless the deceased user explicitly restricted access through an online tool provided by the service. The legislation also outlines the conditions under which agents with powers of attorney can access digital assets while the principal is still alive, ensuring that user preferences override default legal access rights. By creating clear rules for these situations, the bill aims to help families manage online records without needing to go to court in most cases.
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P
Photo of Cynthia Creem
Cynthia Creem
DDemocratic
MA
Norfolk and Middlesex