Questions to Ask a Probate Attorney
Who gets access to your digital assets account when you are dead?
The ever-after of online accounts depends on state laws, the type of account involved, and the terms of service governing those accounts. Many people might be surprised to learn that an Executor or Personal Representative does not automatically gain access to all online accounts unless specific consent has been provided. Here are questions to ask a probate attorney.
For example, if living in a state that has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (which most states have), legal representatives will have access to online accounts if an account setting (an “online tool”) has been activated to direct the provider to disclose account contents upon death, or a will specifically allow for your legal representatives to access online accounts.
If consent has not been provided in either of these ways, legal representatives will not receive access to non-work email messages or similar electronic communications. However, access to other types of online accounts may be granted if the terms of service allow it. In states that have not adopted the Revised Uniform Fiduciary Access to Digital Assets Act, Personal Representatives or Executors may still gain access to online accounts if permitted by the account’s terms of service. Below are common questions to ask a probate attorney when dealing with an estate.
Can I log into a deceased loved one’s account?
Even if you have the username and password, logging in to a deceased person’s online accounts is not allowed if the terms of service (here is an example) prohibit it. Some online accounts specify that only the original user may access the account, even after death.
How can I ensure my legal representative has access?
To ensure legal representatives have access to digital property, including online accounts and electronic communications:
- A Will and financial power of attorney should explicitly allow this access.
- Any available “online tool” provided by the account provider should be activated to direct the release of digital assets to legal representatives.
What do you do with social media accounts when someone dies?
If preventing access to social media accounts after death is desired:
- A Will and financial power of attorney should explicitly prohibit access to those accounts.
- Specific accounts that should remain inaccessible should be listed.
- Any available account settings that prohibit the release of social media accounts upon death or disability should be activated.
Answers to Questions for a Probate Attorney
As an experienced probate law firm, we help you determine which questions to ask a probate attorney. Our team ensures your loved ones are protected from court disputes and conflicts while aligning your values and wishes into a comprehensive road map. If you find yourself or a loved one needing a skilled probate attorney, we are here to help answer your questions about probate and whether or not you may need legal advice.
We offer Free 30-minute meet and greet for new probate clients. Please feel free to call our office at (480) 525-6244 or email to info@bizestatelaw.com.
