That would still expose Yahoo! to tremendous legal liability if the family were offended by the contents of the box and decided to sue them.
This is a tough one.
I don't think there is any genuine liability. What is the family going to sue for? "pain and suffering"? Couldn't they by the same standard sue for that now? No, Yahoo could only get sued by the executor of the estate for breech of contract. What financial loss is there? None, it's a free email account.
Not to mention, just have the tech purge any nastiness anyway, and be done with it. It's really that simple.
>>That would still expose Yahoo! to tremendous legal liability if the family were offended by the contents of the box and decided to sue them.<<
No, it wouldn't, because 1) there's no tort I'm aware of called "being offended" and 2) Yahoo owes no legal duty to the parents.
Also to liability from third parties who sent or received email from the son.
All of the emails meant for his family were already sent to them.
Every email in that account that they haven't seen, is from or to a third party.
Nothing good can be gained and memories can be destroyed.