Wednesday, August 6, 2014
As I have previously discussed, a bill on digital asset access for executors is pending in Delaware. The bill has passed the Delaware Legislature and the bill’s fate is now up to Governor Jack Markell. The bill is similar to the model law for digital asset treatment after the death of the account holder. Like the model law, the Delaware bill gives the executor of an estate access to digital assets even if the “terms of service” for the account say otherwise. The individual can still choose for a different outcome than the default rule that the bill will create by specifying their wishes.
See Jenni Bergal, Access to Online Accounts of Deceased Not a Given, The Columbus Dispatch, August 3, 2014.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.