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Category Archives: General
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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Jim Lamm Quoted in Morningstar on Digital Estate Planning
On October 3, 2013, I was quoted on Morningstar in the article “Do You Have a Plan for Your Digital ‘Estate’?” by Christine Benz. The article is an excellent introduction to estate planning for online accounts and other digital property, … Continue reading
Posted in General
Tagged accounts, death, decedent, died, digital property, estate planning, jim lamm, online accounts
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August 2013 List of State Laws and Proposals Regarding Fiduciary Access to Digital Property During Incapacity or After Death
When a person becomes incapacitated or after a person dies, there are significant challenges that fiduciaries and family members face when dealing with that person’s smartphones, computers, electronically stored information, online accounts, Internet domain names, and other digital property. The … Continue reading
Posted in General
Tagged death, decedent, died, digital property, estate planning, incapacity, jim lamm
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Tips From Security Experts on Choosing and Storing Passwords
One of the most frequently asked questions I hear when I talk about estate planning for digital property is, “How should I choose and store secure passwords for my accounts?” There’s a great July 10, 2013, article by Dan Goodin … Continue reading
Posted in General
Tagged accounts, death, decedent, died, digital property, incapacity, jim lamm, microsoft, online accounts, passwords
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Jim Lamm Presents at 2013 Miami Law Review Symposium on “Will You Have a Digital Afterlife?”
On Friday, February 15, 2013, I presented a ninety–minute seminar titled “Will You Have a Digital Afterlife?” with Professor Christina L. Kunz, Michael J. McGuire, and Damien A. Riehl at the 2013 Miami Law Review Symposium on Social Media & … Continue reading
Posted in General
Tagged accounts, death, decedent, died, digital music, digital property, estate planning, facebook, incapacity, intellectual property, jim lamm, online accounts, passwords, social networking
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February 2013 List of State Laws and Proposals Regarding Fiduciary Access to Digital Property During Incapacity or After Death
Note: please refer to this August 2013 post for an updated list of state laws. When a person becomes incapacitated or after a person dies, there are significant challenges that fiduciaries and family members face when dealing with that person’s … Continue reading
Posted in General
Tagged death, decedent, died, digital property, estate planning, incapacity, jim lamm, online accounts
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Uniform Law Commission’s Drafting Committee on Fiduciary Access to Digital Assets
The Uniform Law Commission has appointed a Drafting Committee to address the issue of Fiduciary Access to Digital Assets, and its first meeting will be November 30 and December 1, 2012, in Minneapolis, Minnesota. The ULC studies and reviews state laws to … Continue reading
Posted in General
Tagged death, decedent, died, digital property, estate planning, incapacity, jim lamm, online accounts
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Defending Your Ownership and Privacy in Twitter (and Other Online Accounts)
If law enforcement demands the contents of your electronic communications or non–content records from your Twitter account, do you have standing to challenge the subpoena? A New York criminal court has said “no”—because you don’t have a proprietary interest in … Continue reading
Posted in E-mail, General, Intellectual Property Rights, Social Networking Accounts, Video Games & Virtual Worlds
Tagged accounts, death, decedent, died, digital property, e-mail, facebook, incapacity, intellectual property, jim lamm, social networking, twitter, video games, virtual worlds
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How Secure Are Your Online Account Passwords?
With announcements this month from popular Web sites LinkedIn, eHarmony, and Last.fm that a significant number of user passwords may have been compromised, it’s a good time to ask yourself, “How secure are your passwords?” It’s also a good time … Continue reading
Posted in E-mail, Financial Accounts, General, Social Networking Accounts
Tagged accounts, death, decedent, died, digital property, e-mail, estate planning, financial accounts, incapacity, jim lamm, online accounts, passwords, social networking
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Jim Lamm Quoted in The Wall Street Journal’s Law Blog
On February13, 2012, I was quoted in The Wall Street Journal’s Law Blog in the article “What Happens to Your ‘Digital Assets’ When You Die?” by Steve Eder. The article also quotes my colleague, Gene Hennig, who co–authored a Project … Continue reading
Posted in General
Tagged death, decedent, died, digital property, estate planning, jim lamm
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