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ULC Plans To Revise Uniform Fiduciary Access To Digital Assets Act (UFADAA)

UFADAAWhat happens to a person’s social media accounts after they die?  The intent behind people supporting the Uniform Fiduciary Access to Digital Assets Act (UFADAA) is to give estate administrators the ability to access social media accounts unless the decedent expressed otherwise in his or her will.  This column discusses some of the opposition to this piece of legislation from a lot of technology companies.  These companies proposed the Privacy Expectation Afterlife and Choices Act (PEAC) as an alternative to the UFADAA, and this legislation would only grant access to a fiduciary if the decedent expressly authorized it.  Now the Uniform Law Commission (ULC) is attempting to bridge the gap by rewriting the UFADAA.  This article addresses the revised UFADAA approach, and it also emphasizes the importance of including plans for social media accounts in an estate plan. 

See Jeffrey R. Gottlieb, ULC Rewrites ‘Uniform Fiduciary Access to Digital Assets Act,’ Illinois Estate Plan, July 20, 2015.