Article On Digital Assets And Intestacy

Laura McCarthy (Boston University School of Law) recently published an article entitled, Digital assets and intestacy, 21 B.U. J. Sci. & Tech. L. 384-412 (2015). Provided below is an excerpt from the article:

This Note discusses the consequences for baby boomers and other individuals who are unaware of their digital assets, or who do not plan for digital asset transfer upon death, thereby leaving their heirs unable to access important accounts and transfer digital assets. Part II defines digital assets and discusses current issues surrounding them in intestacy. Next, Part III discusses existing laws relevant to digital assets. Part IV explains the case for intestacy legislation for digital assets. Finally, Part V analyzes alternatives to intestacy legislation for digital assets. This Note concludes by suggesting that, although there are available alternatives to safeguarding and planning for a digital estate, legislation regarding digital assets for an intestate estate is essential in order to allocate assets properly to potential heirs.