Gatlinburg, TN asked in Communications Law for Tennessee

Q: When a family member dies and you can’t find their cellphone (to retrieve photos and such) can you request from authorit

es a way to track and see where it might be located?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Communications & Internet Law Lawyer
  • Sacramento, CA

A: In most cases, it is challenging to track a missing cell phone without prior access or authorization. However, there are a few potential options you can explore:

1. Contact the cell phone carrier: Reach out to the deceased family member's cell phone service provider and explain the situation. They might be able to help you locate the device or provide information about its last known location. However, they may require legal documentation, such as a death certificate and proof of your relationship to the deceased.

2. Check Find My iPhone or Android Device Manager: If the device is an iPhone or Android, and the deceased had set up "Find My iPhone" or "Android Device Manager," you might be able to locate the phone using these services. You will need access to their Apple ID or Google account credentials.

3. File a police report: If you suspect the phone may have been stolen or lost, you can file a police report. Provide them with the phone's details, such as the make, model, and IMEI number (if known). They may be able to assist in tracking the device.

4. Seek legal advice: If the deceased family member's estate is going through the probate process, consult with the estate attorney or the executor of the will. They may be able to guide you on the legal steps to retrieve the phone or access its contents.

Keep in mind that privacy laws and the specific circumstances surrounding the situation can make it difficult to track or access someone else's phone, even if they are deceased. It's best to approach the situation with sensitivity and seek proper legal guidance when necessary.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: One option might be to check with the carrier. Also, if you have an attorney handling the estate, they might be to check if the will has made any provisions for such. Good luck

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