NEW LAW ON DIGITAL ASSETS AFTER DEATH

Digital assets are an increasingly significant part of everyone’s lives. With no explicit laws addressing how to access a decedent’s private digital assets, many families face difficult battles, resulting in time and financial waste. However, effective January 1, 2017 the Revised Uniform Fiduciary Access to Digital Assets Act will become effective as Probate Code Sections 870- 884. The new law authorizes personal representatives and trustees access to a decedent’s online and digital information. The individual can provide direction to the future trustee or personal representative in the following ways:

• A person may use a website’s online tool (an agreement with the provider, allowing access to a third party).
• If an online tool is not provided or used, a person may give direction in a will, trust, power of attorney or other record.
• In the absence of the first two, a website’s terms of service would determine how to disclose information.

The full legislation can be accessed here.  To set up an estate plan containing your digital assets call the Law Office of Stephanie Macuiba at (949) 697-5958.