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This is going to *have* to go to court. But it will depend, I'm sure, on why the family is wanting access to his email account.
Personally, I think they should have access to it. Or at least whoever is the heir to his estate should be allowed access.
Think about it...what's the difference in the family finding a shoebox full of letters under his bed? They might be all fine and good...just correspondence between him and his friends. Or it could be a box full of love letters and they find out he was cheating on his wife (assuming he has a wife).
This should be no different.
My mother had access to my father's emails and she used his address book there to notify all his friends of his passing. Otherwise, there would have been a great number of people who would not have found out he died and would want to know.
But either way, this guy's email account is still his "property" and should be turned over to the surviving family just as anything the military has of his personal belongings will be turned over to them; just as anything in his home is now theirs.
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