Are Online Files and Accounts Probate Assets?
To get a feeling of how much technology has changed our lives, think back to what it was like to go through your bibliophile grandfather’s library when he died. The books piled up to the ceilings in several rooms; assuming that Grandpa’s will did not specify what he wanted you to do with his library when he was gone, it was up to the surviving family members to decide which volumes should go to which of his family members and friends and which to donate to a university or a secondhand bookstore, where people you had never met could enjoy reading them. Now consider that your husband is no less a bibliophile than your Grandpa, but his books take up much less space. Most of them are files on his tablet or computer. Finding physical space for the books will not be a problem, and some of the trees you pass by on your daily walk as you ponder this question no doubt breathe easier because of it. The transfer of digital assets after the original owner dies is not always as simple as it sounds, though. For help administering an estate that includes digital assets, contact a Dade City probate lawyer.
The Florida Fiduciary Access to Digital Assets Act Leaves Room for Ambiguity About Accessing a Deceased Person’s Online Accounts
In the old days, the digital property of computer nerds was an enigma to their surviving relatives; there is no telling how much of it vanished into the ether when the old generation nerds died. Eventually, as the audience for digital content and the pool of its creators increased, technology providers found ways to pass ownership of content from one owner to the next after the original owner’s death. For example, Apple’s Legacy Contact program enables you to designate a successor owner of all your Apple content after you die. It effectively makes your Apple account a non-probate asset, much like a bank account with a transfer on death (TOD) beneficiary.
The good news is that the Florida Fiduciary Access to Digital Access Act requires court orders before a fiduciary, such as the personal representative of an estate, can access a deceased person’s online accounts. The bad news is that it does not address what happens if the decedent’s will conflicts with the provisions of the decedent’s Apple Legacy Contact agreement or a similar agreement between the decedent and a technology provider. Kylie Riordan of the Stetson Law Review proposes that lawmakers amend the law to include a provision whereby the decedent’s will takes precedence if it conflicts with a private agreement about who can access the digital files after the decedent’s death.
Contact a Florida Estate Planning Attorney About Handling the Decedent’s Digital Estate During Probate
A probate attorney can help you manage the digital assets of the deceased person whose estate you are representing. Contact The Law Office of Laurie R. Chane in Dade City, Florida to discuss your case.
Source:
stetson.edu/law-review/article/properly-securing-digital-legacies-a-proposal-to-amend-the-florida-fiduciary-access-and-adhere-to-traditional-principles-of-the-florida-probate-code/
