Planning for Your Digital "Afterlife"

If you're like me, you probably have multiple active email accounts with hundreds – possibly even thousands – of stored messages.  You probably also have numerous other online presences:  Facebook, Twitter, and various online accounts, just to name a few.  If so, these digital profiles have become an integral part of how you live, but have you given any thought to what will happen to them when you die?

The law in this area is unsettled, to say the least; however, there are a few general guidelines:

Email.  As a general rule, email is your property and you can leave it to whomever you like in your Will.  However, it will be difficult for your executor or family members to access and manage your email account unless they have your login and password.  Without this information, family members cannot manage your accounts, but may be able to obtain email content after your death.   Email is a private, personal form of communication, and you may not want your surviving spouse or family members to have access to this correspondence. 

Social Networking.  Facebook and other social networking  sites are not as private as email accounts, since they are intended to be interactive.  Policies vary.  For example, a deceased user’s Facebook account can be deleted or the profile may be “memorialized” and kept open as a tribute.  Facebook will not release login information, so the deceased user’s profile cannot be accessed, changed, or updated.  By contrast, LinkedIn’s only option is to delete the deceased user’s account upon submission of a Verification of Death Form. 

Websites and Blogs.  If you maintain a website, blog, or other active internet content, you should plan for its management after your death.  Online service providers and web hosting services are reluctant to release login information to family members or executors of deceased users.  These sites typically cannot be altered or updated after the user’s death unless the user has made advance arrangements.

So, it’s clear that you should take steps now to plan for your online presence after your  death – but, where to begin? 

• First, prepare a list of your various digital accounts and the logins and passwords you use to access them. 
• Next, compile this information – including account numbers, user IDs, passwords, names and locations of important files, and instructions about handling files – and store it in a secure location, whether in writing or on a flash drive.  Remember to update this information regularly.
• Update your estate planning documents to designate a “Digital Executor” to manage your electronic presence after your death.  Obviously, this person should be comfortable with technology, and may or may not be the same person you have named to manage the rest of your estate.
• Finally, inform your Digital Executor of: (1) the location of your stored account information; (2) how s/he can access it upon your death or incapacity; and (3) what s/he should do with your accounts and files. 

Again, the law in the this area is far from settled, so as with all estate planning issues, you should consult with an attorney to ensure that your digital presence will be secure and handled according to your wishes after your death.

Have a legal question you'd like to see answered in a future article?  Email it to me at hgwalser@lavellelaw.com

Disclaimer:  This article provides legal information of a general nature and is not intended as legal advice, nor does it create an attorney-client relationship with any person or group of persons.  Should you wish to obtain legal advice concerning your particular situation, contact an attorney.