Tag Archives: incapacity

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

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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

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Video Clip: What Happens to E-mail, Facebook, and iTunes After You Die?

Minnesota’s KSTP-TV Eyewitness News ran a five-minute video story on May 2, 2013, by Tom Hauser on what happens to your Apple iTunes purchases, e-mail accounts, Facebook account, and other online accounts after you die. I had the pleasure of … Continue reading

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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

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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

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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

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Facebook Blocks Demand for Contents of Deceased User’s Account

On September 20, 2012, Facebook obtained a court order blocking a demand to turn over the contents of a deceased user’s Facebook account. The executor of Sahar Daftary’s estate requested a subpoena to compel Facebook to turn over the decedent’s Facebook … Continue reading

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What Happens to Your Apple iTunes Music, Videos, and eBooks When You Die?

Recently, there have been several news stories about what happens to your digital music, videos, and eBooks purchased from Apple’s iTunes when you die. The same question would apply to other digital music, video, and eBook sellers (for example, eBooks … Continue reading

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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

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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

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