Category Archives: General

General Estate Planning for Passwords and Digital Property

Income Taxes, Identity Theft, and Identity Fraud

According to the Bureau of Justice Statistics, about 17.6 million individuals in the U.S. were victims of identity theft in 2014. When a data breach occurs at a company, the company may offer to provide identity protection services to its … Continue reading

Posted in General | Tagged , , , , , | Comments Off on Income Taxes, Identity Theft, and Identity Fraud

October is National Cyber Security Awareness Month

October has been designated as National Cyber Security Awareness Month. Here are a few resources from the federal government on how to stay safe online: Department of Homeland Security’s Mobile Security Tip Card Department of Homeland Security’s Social Media Guide … Continue reading

Posted in General | Tagged , , , , , | Comments Off on October is National Cyber Security Awareness Month

Revised Uniform Fiduciary Access to Digital Assets Act

On September 28, 2015, the Uniform Law Commission released the final text of the Revised Uniform Fiduciary Access to Digital Assets Act (revised UFADAA). The original UFADAA was released in 2014. For background on why the original UFADAA was revised, … Continue reading

Posted in General | Tagged , , , , , | Comments Off on Revised Uniform Fiduciary Access to Digital Assets Act

Remembering Gene Hennig

My friend and colleague, Gene Hennig, passed away on August 25, 2015. I had the privilege of working with Gene at two different law firms over the past 18 years. Gene was a business law attorney at the Gray Plant … Continue reading

Posted in General | Tagged , , , , , , , , , | Comments Off on Remembering Gene Hennig

Can’t Remember Your Password? There’s a Pill for That!

A recent presentation by Jonathan LeBlanc, PayPal’s Global Head of Developer Advocacy, argues that passwords are insecure and need to be replaced. One replacement he suggested is a pill that you swallow containing a microchip. Then, your computer or smartphone … Continue reading

Posted in General | Tagged , , , , , , , | Comments Off on Can’t Remember Your Password? There’s a Pill for That!

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 , , , , , , , | Comments Off on Keeping a Secure List of Passwords, Online Accounts, and Digital Property

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 , , , , , , , , , , | Comments Off on Video Clip: Family Wants Access to Son’s Digital Data After Death

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 , , , , , , , | Comments Off on Delaware Enacts Fiduciary Access to Digital Assets Act

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 , , , , , , , | Comments Off on Uniform Fiduciary Access to Digital Assets Act (UFADAA)

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 , , , , , , , , , , | Comments Off on Thoughts on the Stored Communications Act, Federal Preemption and Supremacy, and State Laws on Fiduciary Access to Digital Property