New Laws Regarding Digital Afterlife

Who will have posthumous access to a person’s digital assets after they die? Not many individuals think about the legal ramifications should they pass, but this is an important law to address, just as how estate planning and wills are meant to protect heirs and reputation – should we die of sudden cause, or be facing a terminal illness.

The digital lawyer is meant to be the gatekeeper between loved ones or companies and the deceased, and how their privacy or assets might be handled.

Top Concerns:

  • Financial Resources – with the emergence of online banking, online malls, or even new digital currencies like BitCoin, how will these assets be handled when you die?
  • Sentimental Resources – such as photos, videos or conversations for instance, are some mementos that family and friends often arm-wrestle with to keep their loved ones alive in a way. Ease the pressure of haggling by writing a clear will for digital assets, with a well-informed and trained digital lawyer, such as John R. Grasso.
  • Passwords – how can loved ones gain access if the passwords were only known to the decedent? Find out more with John R. Grasso.

The immediate concerns furthermore include a spouse being able to access communications like email, or a bereaved parent browsing through some of your most intimate conversations. Where’s the recourse to prevent this from happening? Turn to the Uniform Law Commission, which allows certain individuals the right to use to digital files, with one exception – if it’s specified in a will that you’re restricting access from everyone.

Uniform Fiduciary Access to Digital Assets Act (UFADAA)

Fortunately, many fears can be crushed as the new law known as the Uniform Fiduciary Access to Digital Assets Act (UFADAA) passed July 16, 2014, with some revisions coming at the end of the year, and with a few key notes:

Four types of fiduciaries may have access to digital files, even with the existence of passwords and encryptions being key hurdles to access. The courts will hear the case prior to giving any one of the four fiduciaries access:

  • Executors
  • Guardians
  • Power of Attorneys
  • Trustees

Get the trustworthiness of a signed legal document to pinpoint who becomes the fiduciary in your case, as well as to petition that no loved ones gain access to private posts. Call John R. Grasso at Call 401-272-4001 now to learn more.

Source: Uniform Law Commission’s: Fiduciary Access to Digital Assets

Call Us or email us!

Testimonials - See What Past Clients Are Saying about Rhode Island Defense Attorney John R. Grasso