Article on a Proposal to Manage Digital Assets After Death

Chelsea Ray (J.D. Candidate 2013, University of Oregon School of Law) recently published an article entitled, ‘Til Death Do Us Part: A Proposal For Handling Digital Assets After Death, 47 Real Prop. Tr.& Est. 583 L.J. (Winter 2013). Provided below is the editor’s synopsis from the Real Property, Trust and Estate Law Journal:

As electronic communication continues to pervade the daily lives of modern individuals and allow us to instantaneously develop and document intellectual property, this Article questions whether states are prepared to protect these digital assets after owners’ deaths. Specifically, it discusses whether state legislatures should follow Idaho, Rhode Island, Indiana, Connecticut, and Oklahoma in enacting legislation that protects decedents from identity theft and provides personal representatives with the ability to access decedent online accounts, such as Facebook, Twitter, e-mail, and blogs to identify and dispose of valuable digital property. After analyzing the key problems faced by personal representatives, this Article concludes that legislatures should address issues in this field as soon as practicable and provides a draft associated with identifying and disposing of digital assets. Further, until legislatures enact solutions, the author urges that individuals leave specific instructions for the disposal of their digital assets.