It’s an online world. Increasingly, people communicate, bank, work, shop and play online. This blog is evidence of our digitally centered world. After all, you’re reading this on a screen, not from a piece of paper that came in the mail with our articles in it.  And as an estate planning attorney, I am following with great interest the ongoing efforts by legislators and private companies to decide what should happen to online accounts when the owner/user dies. So, let’s explore: when you die, who owns your…?

Online passwords. You may choose to share your passwords while you are living, or add a list of them to your will, thus including them as assets of your estate. After probate, your will – and that list – become public record. For that reason, many online companies’ regulations (the ones you must agree to) prevent anyone other than the original user from accessing the given account.

Email accounts. This also varies by provider. Google, for example, may allow a designated person to take over a deceased person’s account. Yahoo, on the other hand, according to its current policy, “disconnects” your online account after your death.

Facebook account. Facebook has set the bar high with its “memorialization” policy. A deceased person’s Facebook account can continue to be available for designated friends to see, in effect creating a social media form of tribute or memorial.

It’s easy to address these issues from an emotional point of view. Why shouldn’t close family be able to access their departed family member’s online accounts? Does the deceased person “own” their account, or does the providing company own it, and its contents? From the legal point of view, though, there are privacy laws, copyright laws, even probate laws that define exactly what assets and property are, be they tangible or, in this example, intangible (online). Not so clear-cut from the legal side.

It’s my job, as a knowledgeable California estate planning attorney, to stay on top of changes in laws that affect my clients. Online assets are just one example. If you have questions or concerns, would like to add to, or revise, an existing estate plan, I can help with that. If you need to begin one, that’s also in my bailiwick. From wills to complex trusts, advance directives and guardianship designations, we can discuss your personal vision and needs. Please contact me to set up a time to talk. Call at your convenience: 818.956.9200.

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Glendale, CA 91207

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