Dama passed away in 2015 from bone cancer. Fabbretti was able to unlock the phone by using his fingerprint. However, after the phone did a complete restart that option was no longer available. To access the information on the device a password is now needed and Fabbretti does not have it. Because of this he is unable to view the photographs of his son stored on the phone.

This is another in a long list of examples of how the policies of tech companies have an impact on estate law and grieving families. Allowing families to access digital information after a loved one passes away will continue to be an important legal battle for the foreseeable future.

Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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