Dissolving an Apple ID for the deceased

Question

Level 1

11 points

Dissolving an Apple ID for the deceased

Can someone please help me understand, why Apple is so reluctant to help me dissolve my deceased mother's Apple ID? 2 years ago, after my mother's death, I provided Apple with a copy of the death certificate and also of the Power of Attorney documents. Apple told me that they required a document from the courts. In the state of UTAH, it is not required by law to go to Probate Court, therefore we do not have a "letter of testamentary" or such. Because of this, they have denied to dissolve my deceased mother's Apple ID. I have just now, attempted to push this process again after an advising tech told me that Apple recently changed their policy. However, I am yet AGAIN, experiencing the same frustrations with an Apple Representative telling me our request will most likely be denied because we do not have court documents.

I have settled my mother's estate in complete, apart from this minor issue. American Express, various Banks and Credit card companies, Real Estate firms, etc. have accepted all documentation I have, in settling her affairs. Someone PLEASE explain to me why a death certificate and a Power of Attorney document is NOT GOOD ENOUGH FOR APPLE????

I feel as though they have been very insensitive to the passing of my dearest family member. I feel as though they make it unnecessarily difficult to remove a deceased person's information from their system.

Someone needs to understand cases with exceptions. If the state the deceased and her survivors reside in, do not require Probate court, why would anyone go through the time and legal fees to obtain a document just for Apple's sake? TRULY UPSET OVER HERE. We just want to unlock my mother's phone so that we can have a grandchild use it properly.

Has anyone else had problems like this????

iPhone 5, null

Posted on Mar 8, 2016 1:14 PM

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Answer 1

KiltedTim

Level 10

195,195 points

Mar 8, 2016 1:22 PM in response to RPeters99

Removing the activation lock from the phone is not the same as "dissolving" her account. If you have been asking them to "dissolve" her Apple ID, then you're likely causing quite a bit of confusion that doesn't have to be.

You should be able to provide Apple with a copy of the death certificate and legal documentation transferring ownership of the device. You may also have to provide proof of purchase for the device from an authorized source.

This is really something you need to take up with your attorney if you're not getting the help you feel you should. Ones 'digital legacy' is a vast ill define area of the law right now.

You also need to keep in mind that Apple may be bound by the laws of the State of California, where they are incorporated. Whether or not your state requires probate may not be relevant under California law.

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Answer 2

Mar 8, 2016 1:24 PM in response to RPeters99

Hi,

the only thing I think of to help you is to contact apple: https://getsupport.apple.com

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Answer 3

RPeters99 Author

Level 1

11 points

Mar 8, 2016 1:52 PM in response to KiltedTim

While it would be helpful to remove the activation lock from the phone, that ultimately is not the whole objective.

I'm deeply concerned about what you refer to as a "digital legacy". I feel that if a person is deceased, there should not be files still active in her name. We have given the copy of the death certificate to Apple. As for the legal proof of ownership or transfer of ownership, I really do wish that was something my mother left behind. But reality is, it was not. Nowhere in her paperwork and possessions was a receipt for the device (and I assure you, it was purchased through Apple or AT&T). And as executor of the Will, her possessions were divided as seen fit. What other authorized sources can provide a form of purchase proof?

So with California laws differing from Utah, we are just at a loss? There's no way to resolution?

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Answer 4

KiltedTim

Level 10

195,195 points

Mar 8, 2016 2:32 PM in response to RPeters99

I understand your feelings on the matter, but this isn't a matter of how you or I or anyone else "feels" at the moment. It's a matter of law. More to the point, it's a matter of law that has not been well defined yet.

Your mother did not "own" the account (her Apple ID). The account is "owned" by Apple. What you're asking for is the equivalent of asking, for example, American Express to purge their systems of all records of her, her accounts, and the purchases she made. It's not going to happen. They "own" those records and there are legal reasons why they can not simply purge their systems of that information, at least not for a number of years during which those records may be subject to discovery. The Apple ID is similar in that records of purchases (music, movies, apps, etc.) are tied to that account. Apple can't simply discard that information.

As for the phone, and proof of purchase, if it was purchased from either Apple or AT&T, they should have a record of that, depending on how the purchase was made. Kill switches and other anti-theft measures such as Activation Lock are quickly becoming mandatory under the law (I believe California already requires them).

We, as a society are going to go through some 'growing pains' as we come to terms with how to deal with how we have to prepare to deal with our 'digital legacy' at the time of our demise. This is a relatively new area when it comes to how the law treats it and the kinks have not all been hammered out yet. A good illustration is the mess in the news regarding iPhones, data encryption, and law enforcement.

You may be able to get the password for her Apple ID / iCloud account re-set if you can provide the proper documentation, which would allow you to remove the activation lock from the phone and access her account. The law is still very fuzzy on issues like ownership of licensed content after death, considering such content can not be legally transferred to another individual even when the "owner" of the content (it should be noted that digital media is never 'owned' by the 'purchaser', it is licensed to them by the content owners. e.g. the music labels, movie studios, etc.) is alive.

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Answer 5

ZikzakCorp

Level 4

1,089 points

Mar 8, 2016 2:39 PM in response to RPeters99

It's against the terms of service for this forum to speculate on Apple's policies. That, plus the fact that we're all users here, means no one here can tell you why Apple is denying your request.

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Answer 6

MPM1967

Level 1

0 points

Mar 8, 2016 3:04 PM in response to RPeters99

See these articles:

http://www.cbc.ca/news/business/apple-wants-court-order-to-give-access-to-applei d-1.3405652

"After Go Public contacted Apple, it did reach out to the Bush family and apologize for what it called a "misunderstanding," offering to help the family solve the problem — without a court order."

http://9to5mac.com/2016/01/19/digital-property-after-death-issues-continue-as-ap ple-requires-court-order-for-widow-to-ge…

"Many are asking for government oversight of digital-accounts-after-death situations, demanding laws be modernized to treat account data in the same as any other possession when someone passes away. Independent of the confusion associated with this particular case, Apple is clearly lagging behind in this area. Facebook and Google have made big leaps in accommodating deaths with their respective cloud services. For example, Google has a clear process for Google account recovery after death posted on its website. Apple has no such form. Users who find themselves needing iCloud and Apple ID ownership transfer should contact Apple Support for assistance."

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Answer 7

FelipeV

Level 6

10,636 points

Mar 8, 2016 3:33 PM in response to RPeters99

Tim has already given you a lot of reasons why the account cannot be "dissolved". If you are able to get legal access to her account, and you want to "erase" her digital trail/legacy; the only thing you could do is delete any credit card data (but the cards are probably cancelled) and delete any emails she might have sent or are in her inbox and that are still on the cloud and any pictures/documents she might have uploaded to iCloud. Thats about it.

As far as apps and digital content, there was never any ownership to begin with.

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