We have discussed in previous articles the importance of digital asset planning, especially for those with valuable digital assets. Those plans contain instructions for an executor or agent under a power of attorney to access the private information if the circumstances warrant it. Apple recently updated its Right of Survivorship terms making it easier for loved ones to access this information when someone passes away.
Digital assets may include information contained on a smartphone, tablet, computer or in the cloud. It may be photos, passwords, social media posts, videos or other items. The person you name as executor of your estate in your will has legal standing to access these items after you die. This power is conferred by the federal law, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) which was adopted by the state of Maryland.
The RUFADAA allows an executor access to the digital assets; however, he or she must petition the court during probate to explain why that asset needs to be accessed and how it relates to the administration of the estate. The executor does not have the authority to review content of electronic communications (i.e. email, texts, chats) unless the deceased person explicitly grants that authority in the will, trust or power of attorney document.
RUFADAA does not apply to social media accounts so the executor will need to look at each platform’s terms of service. Some platforms, like Facebook and Google, allow the user to designate a legacy contact who is authorized to access and use the account once it is shown that the user died.
Recently, Apple updated its policy because previously when a loved one died, there was not an easy way to open their iphone or access the icloud account without a passcode. With the latest update (15.2), iphone users can designate up to 5 people as legacy contacts. These contacts have the permission and ability to access everything on your iphone and in your icloud when you die. These can be set up under Settings, then Password & Security.
Once you enter in the designated legacy contacts, Apple will send an access key via messages. Once the recipient accepts the key, it is stored in their Apple ID settings. In order to later access your information, they must show proof of death and the access key.
While this new feature is helpful and other platforms are following suit, it is still very important to include proper digital asset planning in your comprehensive estate plan. At Stouffer Legal, our estate planning attorneys help you leave behind proper, detailed instructions to gain access to necessary digital assets only under the right circumstances. We can help you balance your privacy with the need to preserve and maintain these digital assets. Contact our attorneys in the Greater Baltimore area for more information. You can schedule an appointment by calling us at (443) 470-3599, emailing us at office@stoufferlegal.com, or register for an upcoming free webinar using the link below:
https://attendee.gotowebinar.com/register/2648817389511056655
https://attendee.gotowebinar.com/register/4480536691178250000
https://attendee.gotowebinar.com/register/3261621399160673551
