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Author Archives: Jim Lamm
Keeping a Secure List of Passwords, Online Accounts, and Digital Property
An important part of a comprehensive estate plan (planning ahead for incapacity and death) is preparing a complete list of your passwords, online accounts, and other digital property—and keeping it up to date. This list helps fiduciaries and family members … Continue reading
Posted in General
Tagged decedent, died, digital property, estate planning, incapacity, jim lamm, online accounts, passwords
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Video Clip: Family Wants Access to Son’s Digital Data After Death
Minnesota’s KMSP-TV Fox 9 News ran a video story on September 9, 2014, by Ted Haller about a family wanting access to their deceased nineteen-year-old son’s digital data. They have been seeking access to his text messages, e-mails, and Facebook … Continue reading
Posted in General
Tagged death, decedent, died, digital property, e-mail, estate planning, facebook, incapacity, jim lamm, online accounts, passwords
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Delaware Enacts Fiduciary Access to Digital Assets Act
On August 12, 2014, Delaware’s governor signed into law the Delaware Fiduciary Access to Digital Assets Act, which is based on an earlier draft of the recently-approved Uniform Fiduciary Access to Digital Asset Act. Delaware’s new law takes effect January … Continue reading
Posted in General
Tagged death, decedent, died, digital property, estate planning, incapacity, jim lamm, online accounts
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Uniform Fiduciary Access to Digital Assets Act (UFADAA)
On July 16, 2014, the Uniform Fiduciary Access to Digital Assets Act (UFADAA) was approved by the Uniform Law Commission. My colleague Gene Hennig and I originally proposed this uniform law in May of 2011, and I’m very happy with … Continue reading
Posted in General
Tagged death, decedent, died, digital property, estate planning, jim lamm, online accounts, UFADAA
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Estate Planning and Tax Issues for Bitcoin and Other Virtual Currencies
For estate planning and tax advisers, it’s important to know about all of a person’s valuable and significant assets, including digital assets, so that they can help the person properly plan ahead for incapacity, death, and taxes. New types of … Continue reading
Posted in Virtual Currency
Tagged Bitcoin, death, decedent, died, digital property, Dogecoin, estate planning, incapacity, jim lamm, virtual currency
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Google and Microsoft Update Their E-Mail Privacy Policies
Google and Microsoft have both recently updated their policies regarding the privacy of e-mail contents. The updates are about different issues and were initiated in response to different events. Google updated their Terms of Service agreement on April 14, 2014, … Continue reading
Facebook Updates Its Policies for Deceased Users
According to a February 21, 2014, news release, Facebook has made two updates to its policies regarding the accounts of deceased users. Previously, Facebook allowed one of two options for a deceased user’s account. First, the personal representative of a … Continue reading
Posted in Social Networking Accounts
Tagged accounts, death, decedent, died, digital property, facebook, jim lamm, online accounts, social networking
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The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property
The University of Miami Law Review just published The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property (direct PDF link), a new article coauthored by James D. Lamm, Christina L. Kunz, Damien A. Riehl, … Continue reading
Posted in E-mail, Social Networking Accounts, Web Pages and Blogs
Tagged accounts, death, decedent, died, digital property, e-mail, estate planning, facebook, incapacity, jim lamm, online accounts, passwords, social networking
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Valuable $50,000 Twitter Account Allegedly Stolen
There was an interesting January 29, 2014, article on CNET written by Don Reisinger describing how a thief/hacker allegedly hijacked an Internet domain name and e-mail account belonging to Naoki Hiroshima and stole his Twitter username. According to Mr. Hiroshima’s … Continue reading
Posted in Domain Names, E-mail, Social Networking Accounts
Tagged death, decedent, died, digital property, domain names, e-mail, estate planning, incapacity, jim lamm, online accounts, social networking, twitter
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Thoughts on the Stored Communications Act, Federal Preemption and Supremacy, and State Laws on Fiduciary Access to Digital Property
As of the date of this posting, seven states have recently passed laws and at least eighteen other states are considering new laws granting fiduciary access to an incapacitated or deceased person’s online accounts and other digital property. The Uniform … Continue reading
Posted in E-mail, General, Social Networking Accounts
Tagged accounts, death, decedent, died, digital property, estate planning, incapacity, jim lamm, online accounts, privacy, social networking
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