It's a start. The Michigan legislature now has a raft of bills assigned to the all-encompassing Judiciary Committee that would amend our current probate code to provide for handling of a deceased person's so-called digital assets.
Digital assets would include electronically stored photos, Facebook, iTunes, eTrade, data collections of any type, even including a person's email accounts. If the bills pass, a personal representative could petition a county probate court for assess to these accounts.
Some legal experts, however, see problems with a conflict of laws. Even if our state probate code, the Estates and Protected Individuals Code, is amended to provide for a personal representative's access to digital assets, federal laws prohibit such access by anyone other than the account holder.
In addition to complications from the federal Stored Communications Act, many of the specific terms-of-service for accounts prohibit access to a particular account by anyone other than the original account holder. There are also concerns arising from user consent to such disclosures in the privacy law context. So the experts smell complicated litigation arising from the effects of these digital asset bills.
The proposed legislation also contains a provision that allows an interested party to file a petition seeking to limit or eliminate the power of the personal representative over the digital assets. If the decedent has implicated family members in some of the electronically stored data, the situation is certainly ripe for some digital probate litigation.
So we will site back and see just where this legislation goes. Stay tuned for future developments.
www.clarkstonlegal.com
info@clarkstonlegal.com
Showing posts with label Facebook. Show all posts
Showing posts with label Facebook. Show all posts
Wednesday, April 2, 2014
Michigan Legislature Addresses Digital Estates
Labels:
digital assets,
digital estate,
Estates and Protected Individuals Code,
eTrade,
Facebook,
iTunes,
probate court,
probate lawyer
Location:
Clarkston, MI 48346, USA
Wednesday, May 1, 2013
Heirs-at-Law Discovered via Facebook
Recently at our law firm, we have had a few cases where personal representatives and other fiduciaries have located heirs-at-law through Facebook. In some of these cases, nothing was known about the heirs and resources were about to be expended with an expert skip-tracer.
Alert family members were tipped off and/or obtained information through their FB friends or "friends-of-friends". In turn, this provided the probate lawyers of our firm with some basic contact information.
Under the applicable court rules, lawyers are still limited to "old school" methods of transmitting messages and documents; not even email is permissible under the court rules. Informally, however, modern practitioners are utilizing a variety of social media and data directories to locate heirs.
Once the interested parties are identified, the process of identifying the various claims and other issues of probate estate administration can commence.
Slowly, probate courts across the country are implementing an electronic infrastructure and promulgating electronic filing standards. Both Wayne and Oakland County Probate Courts have made great strides in this area.
www.clarkstonlegal.com
info@clarkstonlegal.com
Alert family members were tipped off and/or obtained information through their FB friends or "friends-of-friends". In turn, this provided the probate lawyers of our firm with some basic contact information.
Under the applicable court rules, lawyers are still limited to "old school" methods of transmitting messages and documents; not even email is permissible under the court rules. Informally, however, modern practitioners are utilizing a variety of social media and data directories to locate heirs.
Once the interested parties are identified, the process of identifying the various claims and other issues of probate estate administration can commence.
Slowly, probate courts across the country are implementing an electronic infrastructure and promulgating electronic filing standards. Both Wayne and Oakland County Probate Courts have made great strides in this area.
www.clarkstonlegal.com
info@clarkstonlegal.com
Labels:
estate planning,
Facebook,
heirs at law,
Oakland County Probate Court,
probate court,
Wayne County Probate Court
Location:
Clarkston, MI 48346, USA
Monday, May 21, 2012
Your Digital Estate Plan
Do you ever wonder what becomes of a deceased person's Facebook profile?
Increasingly, folks are compiling several digital profiles on the ever-popular social media sites now embedded into the Internet. Many of us have thoroughly fleshed-out these electronic profiles.
Well, what happens to your digital persona when you die? How do we assist our family members with the dismantling of these often extensive robust electronic profiles?
Below are examples of typical digital "assets" contained in an average modern person's legacy:
If your situation is typical, you have some similar passwords, or a theme running through your accounts, but due to the specifications of the particular site, most of your usernames and passwords are different. Also, you probably maintain a list of your names and passwords somewhere; probably on your computer.
Increasingly, folks are compiling several digital profiles on the ever-popular social media sites now embedded into the Internet. Many of us have thoroughly fleshed-out these electronic profiles.
Well, what happens to your digital persona when you die? How do we assist our family members with the dismantling of these often extensive robust electronic profiles?
Below are examples of typical digital "assets" contained in an average modern person's legacy:
- Social media profiles such as Facebook, LinkedIn, YouTube and a host of others
- Professional profiles [I maintain at least a half dozen and counting]
- Bank accounts, loan accounts, mortgage accounts
- Investment accounts such as eTrade or Ameritrade
- Uploaded photos
- Uploaded articles
- Education accounts, including alumni account profiles
- Gaming sites
- Email profiles and communications [Most people have at least two email accounts these days.]
- Digital media accounts
- Cloud computing profiles or accounts
- On-line store accounts, particularly those with a social media angle such as iTunes and Amazon
There are other examples, to be sure. Any site that you've had to log-on to, create a profile, and post content, or place orders, is a component of your digital inventory. That's a lot to keep track of...
There are, of course, some web-based products and services that assist with the management of your digital profile:
The first step in managing your digital legacy is to list all of your on-line "assets" and list the usernames and passwords associated with those accounts. You will be saving a family member or friend untold hours on the phone, or on the computer, when they try to figure it out in your absence.
Once you have compiled your all-important digital inventory, the next step is to reference this list and attach it to a power of attorney document. This will allow your attorney-in-fact to manage your accounts in the event of your temporary absence or incapacity.
Ditto to your will; include an instructional paragraph referencing and attaching your digital inventory.
If no instructions are provided, Michigan does not yet have laws governing the posthumous management of a person's on-line "assets". So far, only Oklahoma and Idaho have such laws, with Nebraska not far behind. [Where is California in all this?]
Therefore, if you die "digitally intestate", what happens to your digital profile is up to the particular service provider. For example, Facebook has long taken the position, based on its robust operating agreement that you agreed to when creating your account, that FB owns all of your posts and content. When you die on Facebook's watch, they memorialize your account; restricting views and posts to friends and family. Also, the account is closed if requested by your next-of-kin.
Some folks, however, do not have any next-of-kin. What then?
Here are some options for the proactive among our readers. Some posthumous services will send an email composed by you, or by your designated personal representative, to a designated list of contacts. Here is a sample list of such services:
Call it another characteristic of our modern life; once we are gone, our digital profile lives on for a time. In this fast-paced era, it's amazing how fast such a profile will become outdated.
Taking the right steps will allow you to manage that profile from the grave...
Labels:
digital assets,
digital inventory,
digital legacy,
estate planning,
Facebook,
LinkedIn,
privacy law,
YouTube
Location:
Clarkston, MI 48346, USA
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