Gifting an android phone (maybe complicated details?)

January 27, 2021 9:29 AM

My brother passed away a couple of months ago. I'm the executor of his estate. I have his Android phone in my possession. I would like to give it to his daughter to use. Of course, she would re-activate it for herself. She would not be using his account or phone number.

The potentially complicating issue is that the phone is still fairly new and it's not been paid off yet. He was paying for it monthly as part of his bill. I don't think the phone company knows that I have the phone. However, I'm worried that if I give her the phone, will they somehow figure it out and demand the phone be returned to them?

I don't have an android phone (i have an iphone paid for by my company), so I don't know to switch SIM cards, etc for activation. Is that what she would need to do? Simply purchase a new SIM card and replace the one that's currently in there?

I'd appreciate any advice about what to do in this situation. I want to do everything correctly for all involved.

posted by SheIsMighty to Technology (6 answers total)

I want to do everything correctly for all involved.
If the phone isn't paid off yet, then you need to pay it off before giving it to anyone else.
posted by soelo at 10:02 AM on January 27, 2021 [6 favorites]

Further to soelo, if you don't pay it off, the phone company will likely blacklist the IMEI. Meaning that it won't connect to any network, since the phone companies share these blacklists. At least, this is the way it works in Canada. They do this to combat phone theft.
posted by patternocker at 11:00 AM on January 27, 2021 [2 favorites]

The key is whether or not you keep a plan on the network that sold your brother the phone. If he was on say T-Mobile and wanted to give the phone to his niece, he could as long as he kept a plan on T-Mobile and kept paying the monthly charge. If the plan was only him and he has passed away, I am not sure what legally happens to the phone or to the obligation to pay. My guess is that either they pay off the balance or give the phone back. As for switching sim cards, if it is a physical sim as opposed to a software sim, then just pop out the old sim and pop in the new. If there is money in the estate to pay the remaining balance, I would do that. After it is paid off or before you return it, do a factory reset on the phone unless your niece wants all of his settings, data, etc.
posted by AugustWest at 11:29 AM on January 27, 2021

You'll need to close the existing carrier account first by paying off any outstanding balance / early termination fee.
posted by kschang at 11:29 AM on January 27, 2021 [2 favorites]

You will need to talk to the phone company to determine how much he still owes on the phone and decide if it is worth it. You will also want to stop the service so the bill doesn't keep growing. They will need proof from you of his passing and your role in the estate before they will talk to you.
posted by soelo at 11:31 AM on January 27, 2021 [3 favorites]

If they do try to charge you a termination fee, you should ask them to waive it due to account owner's death. Contracts are not as common as they used to be, especially with people using payment plans to buy phones.
posted by soelo at 11:34 AM on January 27, 2021 [1 favorite]