Digital Estate Planning Issues

We all store important things online these days. But getting access to digital assets after someone dies, including an estate plan, has been difficult up to now.

We all store important things online these days. But getting access to digital assets after someone dies, including an estate plan, has been difficult up to now.

 
 

Federal law prohibits service providers, like Google, Yahoo, and Facebook, from giving anyone access to the content of your electronic communications without either your consent or a valid court order. So after you die, companies can't reveal your emails or documents, even at the request of your executor or trustee, without either a court order or your prior permission.

there are lots of reasons why your executor or trustee might need to have access to your electronic records:

if you run your business online, you have financial records they'll need to settle your estate; your estate plan might be stored online; what about online photos on Google Photos or Facebook?

California recently passed a new law that gives your trustee and executor the right to receive your digital assets as long as they can prove that you've given them permission.

An up-to-date will, trust, and power of attorney will give the appointed executor, trustee, or agent the right to access your digital records for this reason.