The digital realm is only going to gather more subjects as the whole world gains access to the internet and cheap computers. One of the results of this expansion is that access to online accounts by heirs and executors after the death of the owner will be of supreme importance. Currently, few laws exist that dictate how access is granted which leaves user agreements provided by service providers as the controlling factor. Unfortunately, there is almost zero uniformity which means one account might be easily accessed while another is completely beyond the reach of anyone including personal representatives. This mishmash of policies makes estate planning difficult but there are some steps that can be taken to ensure control. Most important is to provide a list of accounts and passwords to a trusted party, an estate lawyer for example, which can be used in the event of death or incapacitation. In addition, more companies now allow users to dictate access after death although full accessibility is not always guaranteed. No matter the specifics, this is an issue that will grow in importance in the coming years and will likely require legislators to act in order to create some certainty where none exist now.
See Kate Stalter, Why You Should Do a Digital Inventory of Your Assets, USA Today, February 8, 2016.
Special thanks to Lisa Jamieson for bringing this article to my attention.
