Category Archives: Web Pages and Blogs

Estate Planning for Web Pages and Blogs

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

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Update on Whether It’s a Crime for Fiduciaries to Access a Decedent’s Online Accounts

I’ve written previously that using an incapacitated or deceased person’s passwords to access that person’s online accounts may not be permitted under the Web service’s Terms of Service contract, and it might even be construed as “unauthorized access” under a … Continue reading

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How to Delete Online Accounts and Digital Footprints

On November 10, 2011, Jeffrey A. Lambert posted a story at Maximum PC called How to Erase Your Digital Footprint. The article describes how much information Facebook, Google, and other companies collect about your Web browsing and other Internet activities, especially … Continue reading

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Digital Property Created on the Internet Every 60 Seconds

On MSNBC’s Technolog, I read an interesting posting from June 16, 2011, by Rosa Golijan titled What Happens on the Internet Every 60 Seconds. These statistics come from an Infographic by Shanghai Web Designers (larger image), and, as Ms. Golijan points … Continue reading

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Using Technology to Express Care, Support, and Sympathy

After reading the article by Bruce Feiler in The New York Times published on June 10, 2011, titled ‘You Look Great’ and Other Lies, I starting thinking about how people are now using technology to express their thoughts of care and … Continue reading

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Idaho Bill Gives Executor or Conservator Power Over Online Accounts

Idaho recently passed Senate Bill No. 1044 that takes effect July 1, 2011, to give the conservator of an incapacitated person or the executor (personal representative) of a deceased person’s estate powers over some types of online accounts: § 15–3–715. TRANSACTIONS AUTHORIZED … Continue reading

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House Subcommittee Considers Mandatory Data Retention Rules for Internet Service Providers

One of the topics that generated several questions and additional discussion during my presentation at the 45th Annual Heckerling Institute on Estate Planning on January 12, 2011, was data retention rules for Internet Service Providers (ISPs) and online accounts. For example, … Continue reading

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Oklahoma Statute Gives Executor Power Over Decedent’s Online Accounts

Oklahoma Statutes § 58–269, which took effect November 1, 2010, gives the executor of an estate power over a decedent’s online accounts and purports to give new rights to continue a decedent’s online accounts: § 58–269. Executor or administrator—Powers. The executor or … Continue reading

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92% of Children Under Age Two Have a Digital Presence on the Internet

In a September 2010 study by AVG Technologies and Research Now, they found that, in the United States, 92% of children under age two have a digital presence on the Internet, including digital photos posted online. According to AVG Technologies, … Continue reading

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Estate Planning for Web Pages and Blogs

If a person becomes incapacitated or dies, look for any Web pages or blogs that the person operated. As most people know, a blog is a personal or business Web page with posted news items, reviews, or personal comments about … Continue reading

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