Article On Planning for Fiduciary Access to Digital Assets

Victoria Blackly (Samuels Yoelin Kantor LLP) recently published an article entitled, Planning for Fiduciary Access to Digital Assets, Probate & Property Magazine: Volume 29, No. 5 (2015). Provided below is an abstract of the article:

Education is vital to alert businesses and individuals to the importance of proactively managing on-line accounts and assets. With the adoption of UFADAA, if a person fails to plan, then the court-appointed fiduciary that manages the person’s tangible assets can manage the person’s digital assets, distribute those assets to heirs, or dispose of them as appropriate. In the meantime, some custodians of digital assets provide an on-line planning option by which account holders can choose to delete or preserve their digital assets after some period of inactivity. But without certainty, the need to educate clients on how to plan for a fiduciary to have access to their digital assets is paramount.