Leonardo Angiulo: What Happens To Digital Property When You Die?
Monday, May 13, 2013
Add your social media to the list
One way you can address this issue is by creating a master list of accounts and passwords for distribution to an appointed party upon your death. Simple wills are inexpensive to create and can make the time after your passing much easier on your family and loved ones. At the same time you appoint your spouse as the executrix of your estate, and give her the contents of your 401(k), you could also give her the duty of closing your social media accounts.
Of course, a spouse will typically have things about your life together that they will want to remember. Like that trip to Brooklyn and that awesome grilled cheese sandwich that you photographed. She wants that memory and your silly face next to the panini. If she is acting as the representative of your estate then she will have the same authority over the content of your account as you did.
Let's take Facebook as an example. According to the policies of that corporation, a user is permitted to download his or her account information, including photographs and private messages. It follows, therefore, that if the executrix is required to gather your personal property for distribution in accordance with the terms of your will that your profile contents could be part of that obligation.
A social media power of attorney?
Similarly, if you are the type of person who operates websites or use social media for work you might want to consider created a power of attorney granting a person access to those electronic media platforms in the event you become incapacitated. A power of attorney is a legal document that permits a designated party to make decisions for another. So, if I grant a power of attorney to my sibling then she would have the ability to enter into contracts for my business and otherwise manage my affairs as if she were me.
This is the type of arrangement that might be helpful for a small business owner who also happens to enjoy reckless sports like downhill mountain biking or rugby. Lets say you get hit really hard or take a wicked bad spill and spend a little bit longer than you expected in the hospital learning how to walk again. If you have created a power of attorney then your designee could be maintaining your website and executing contracts with subcontractors to make sure your outstanding contracts are met while you are busy attending to other things.
This, of course, requires you to think ahead and keep a list of accounts and passwords. And don't forget that you actually have to tell someone where that list is. Hiding it from yourself, and everyone else, kind of defeats the purpose.
Leonardo Angiulo is an Attorney with the firm of Glickman, Sugarman, Kneeland & Gribouski in Worcester handling legal matters across the Commonwealth. He can be reached by email at [email protected] or through the firm's website at www.gskandglaw.com.
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