Friday, July 4, 2014
Technology has surpassed the law in the area of digital assets. Without clear legal avenues for how family members can access accounts after the account holder dies, many digital assets such as photos, emails, and personal information, are simply lost. Some states, like Virginia and Delaware, have enacted laws that address how digital assets are handled after the death of the account holder, but the law is largely behind the times on this issue. To make sure these assets are passed on, it is important for individuals to plan ahead, such as using private services that notify a designated list of individuals after their account becomes inactive or saving passwords on their computer.
See Thomas J. Fitzgerald, How to Digitally Avoid Taking It to the Grave, The New York Times, July 2, 2014.
Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.