Clarifying the Digital Asset Issue

If you search for the late actor and comedian Robin Williams on Facebook you will likely come across an invitation to “connect” with him.  However, this could be difficult as the beloved Academy Award winner passed away four months ago.  His page is now set up to receive tributes from his large fan base.

While Williams’ page is dedicated to him for well-wishes, it would be almost impossible for your family or estate executors to access your social media, email and online entertainment or financial accounts.  Under current law, it is illegal to access another’s digital accounts without the person’s prior approval, and many online companies keep the deceased’s logins and passwords confidential, even from family members. 

State Senator Dorothy Hukill seeks to clarify this digital-age issue.  The Port Orange Republican has filed a bill that would allow designated individuals to access the digital accounts of people who have died or become incapacitated.  This year, Delaware became the first state to pass such a law.   

Under Hukill’s bill, an executor, personal representative, trustee or guardian would treat electronic property as part of an estate’s assets, and those representatives could inventory the digital accounts as with other physical assets and dispose of them properly.  In order to gain access to the accounts, a request would be sent to companies that act as custodians, such as Google or Facebook. 

See Access Bill: Clarify Online Life After Death, The Ledger, Dec. 13, 2014. 

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.