Protecting Your Digital Assets
In today’s world, technology controls much of our everyday life. The advance capabilities of computers have made them an easy go-to for people to carry out routine tasks such as paying bills, communicating with others, storing pictures, shopping, etc. They also serve as the ideal storage component offering a one-stop-shop approach by keeping all of your important information on the same platform.
With technology becoming more widely used, especially when it comes to sensitive issues, the concern of dealing with digital assets after death has become more prevalent. Digital assets carry value, whether it is monetary or sentimental. Therefore, it is important that people treat them the same as any other physical asset a person may have in his/her possession. However, there are many legal issues stemming from this because there is no single, general law that governs the passage of such assets. Some states have enacted laws that set forth guidelines on how these situations will be handled, but other states have not. Because of this inconsistency between states, it’s important to always keep digital assets in mind when you are doing your long-term planning.
Many people are going to the extent of appointing an “online executor” or “social media executor” as part of their will to make sure their wishes are being carried out. Just like the general executor of an estate, an online executor needs to be chosen carefully, even if it has to be someone different than the general executor. Ideally, the person should be technology-savvy with experience in the programs where you have an online presence. It’s important to clearly outline your wishes with as much detail as possible. The online executor will need to know everything from where to locate something to what you want done with something that was left behind. Aside from putting this in your will, it’s always a good idea to keep a booklet outside of the legal document that keeps track of passwords and sites/programs that you may be involved with as this will need to be updated on a more frequent basis. While it does require tedious work, this will all help to ensure that your wishes are being carried out correctly.
Facebook, the most widely-used media platform, has already taken a stance on the issue by allowing its users to appoint their own Facebook executor. Of course, there is no legal element to this appointment, so it is still recommended to consult an elder law attorney to properly reinforce your wishes.
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