Tag Archives: incapacity

Minnesota Joins Other States Enacting the Revised Uniform Fiduciary Access to Digital Assets Act

On May 22, 2016, Minnesota’s Governor signed a bill enacting the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). The new law takes effect August 1, 2016, and will be found in Minnesota Statutes Chapter 521A. The new law … Continue reading

Posted in General | Tagged , , , , , , , , | Comments Off on Minnesota Joins Other States Enacting the 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

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 , , , , , , , , , | Comments Off on Estate Planning and Tax Issues for Bitcoin and Other Virtual Currencies

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 , , , , , , , , , , , , | Comments Off on The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property

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 , , , , , , , , , , , | Comments Off on Valuable $50,000 Twitter Account Allegedly Stolen

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