Florida Estate Planning and Digital Assets is a topic that has been previously discussed. Today, I read an article written by the Trust and Estate Law Professors Blog which adds some more information.
It appears that they are some digital assets which can be accessed after the death of the owner or licensee. Here is a summary of what they report on.
- AOL -- Will allow access to the personal representative upon presentation of a death certificate and proof of appointment.
- eBay (seller) -- Similar to AOL.
- eBay (buyer) -- No access.
- Facebook -- Profile moves to "memorial state" but no one may obtain the login password.
- Gmail -- Similar to AOL plus an email showing that the decedent had sent an email message from the Gmail account to the person seeking access.
In an article written by Katherine Roseman of the Wall Street Journal, she quotes Elaine King, a certified financial planner for Gibraltar Private Bank & Trust in Coral Gables, Fl., as stating that recently a man in his thirties died. His family could not even determine what financial accounts it needed to close until it could access his email account. The deceased man’s Internet service provider required the family to get a court order granting it entry to his account.
“It can be a very lengthy process,” said King who adds that her firm now advises most clients to leave a list of electronic passwords along with a will.
It is important to review your estate planning needs with a Florida Estate Planning Lawyer or Attorney who is familiar with Digital Assets, Licensing and how to deal with them. Please use our contact form if you have any questions about Florida Estate Planning
