[WSBAPT] Phone Passcode Question

[Jordan Kostelyk]

Hello all,
 
I have a complicated fact pattern question. A person's parent passed away 7 years ago intestate. After they passed the spouse gave the adult child personal property of the deceased (including the cell phone). There is an issue, the adult child does not have the passcode to the phone and cannot get it.
 
No probate has ever been opened. A small estate affidavit may be an option, but what would happen if the phone was community property? Would the passcode also be considered community property even though the phone itself was already given to the adult child by surviving spouse?
 
Thank you,
Jordan
 
(Ms.) Jordan D. Kostelyk, Esq.
 
Tel: 425-244-5196
Email: jordan at everlastinglegalsolutions.com mailto:jordankostelykatlaw at gmail.com
Website: https://everlastinglegalsolutions.com/ 
 
This communication is confidential and may be subject to the attorney-client privilege and/or is protected by the work product doctrine. It is intended only for the individual(s) designated herein and is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521.  If you are not the intended recipient, any dissemination, distribution, or copying of this communication is strictly prohibited.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20260727/407a8a28/attachment.html>