Cybersecurity » Estate Planning For Digital Assets

Estate Planning For Digital Assets

April 21, 2015

The definition of “digital assets” keep expanding, now to include everything from emails and photos to client lists and domain names, and it can get stored on every kind of device that has a memory – and that list keeps expanding too. What happens to all that stuff after you die? The technical and legal framework according to which a decedent’s fiduciary can access the decedent’s digital legacy “continues to present challenges,” notes a client alert from Loeb & Loeb. To take one example: Could a fiduciary be locked out? Or become subject to anti-hacking laws? Then there are a host of other issues related to such things as copyright, privacy, data protection services and terms of service agreements. This post outlines steps you can take during your lifetime that may significantly ease the administration of these assets in your estate.

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