Part 2: Will Big Tech's TOSAs control YOUR Digital Assets?
The law provide ways to designate who gets control of your digital assets upon disability or death.
In this video, see how you can designate a back up person, using online tools provided by account custodians. But understand if you decide to do that, your Will and Power of Attorney documents no longer control the digital asset.
On the other hand, your Will and Power of Attorney documents can specifically say who will be in charge, and what assets they can access.
If a Will, Trust or a Power of Attorney document does include a Power to access to your online accounts, RUFADAA (a uniform law allowing a Fiduciary to access your digital assets) says that the custodian shall disclose the content of electronic communication to the personal representative of the estate.
Connecticut, and most of the states, have put RUFADAA into effect.
https://www.cga.ct.gov/current/pub/ch...
http://www.ncsl.org/research/telecomm...
In Boston, the legislature is thinking about whether to make RUFADAA effective in Massachusetts. Status of the Massachusetts bill:
https://trackbill.com/bill/massachuse...
An in depth legal education class on digital assets is here:
• Video
If you or your loved one live in Hampden County or North Central Connecticut, and you'd like to learn more about how I might can help you set up an Estate Plan, including a plan for your digital assets, call to schedule an educational meeting to discuss your individual concerns, and the specific facts of your case. (413) 567-5600.
This video explains the problems still facing the family of a man who died without a Will, as they try to gain access to his emails. The US Supreme Court did deny a Petition to overturn a Massachusetts SJC decision in their favor:
https://www.supremecourt.gov/docket/d...
https://jolt.law.harvard.edu/digest/o...
But the video explains that they are still in Probate Court arguing over Terms of Service (TOSA).
Part 1 is at: • Part 1: Who gets access to Digital Asset u...
This Video Podcasts does not provide any legal advice. The Video Podcast is limited to general information and resources for people in Hampden County, Massachusetts. You can't rely on general information in a Video Podcast to make decisions about your specific case. You should consult a professional in your local area to discuss the facts of your specific case. Small differences in law, regulations and practice can cause big differences in how each matter is handled in different States and jurisdictions.
I serve clients in Hampden County, Massachusetts. There is no attorney-client relationship with viewers of these video podcasts, or with people who view my website that covers Estate Planning and Real Estate: http://estateplansplus.com/