Tag Archives: jim lamm

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

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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

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Google and Microsoft Update Their E-Mail Privacy Policies

Google and Microsoft have both recently updated their policies regarding the privacy of e-mail contents. The updates are about different issues and were initiated in response to different events. Google updated their Terms of Service agreement on April 14, 2014, … Continue reading

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Facebook Updates Its Policies for Deceased Users

According to a February 21, 2014, news release, Facebook has made two updates to its policies regarding the accounts of deceased users. Previously, Facebook allowed one of two options for a deceased user’s account. First, the personal representative of a … Continue reading

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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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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

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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

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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

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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

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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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