After a woman passed away, her sons struggled to unlock and use the iPad she left to them. According to The Guardian, the sons had been named as executors of her will, but they did not have access to their mother’s Apple ID and password. When the men contacted Apple, the company responded with a number of demands, including a copy of the death certificate and will along with a court order for the information.
Apple was acting in accordance with privacy laws, though the entire situation could have been avoided if the mother would have included her digital property in her estate plan. People in Illinois and across the country should take care to treat these assets just as they would tangible items.
Defining digital property
By and large, digital property includes any intangible items that are Internet-based. The definition is quite broad and can encompass a range of assets, such as the following:
- Usernames and passwords
- Online shopping accounts
- Data
- Intellectual property rights
- Email accounts
- Advertising opportunities
Data mining and e-commerce also fall under digital property. While some of these items have a financial amount assigned to them, there are many others that simply hold sentimental value: social media accounts, blogs and photographs, for example. In order for heirs to have easy access to all of these assets, people should factor them into their estate plans.
Including digital assets in estate planning
Pew Research reports that more than 50 percent of U.S. adults have online bank accounts, and the information regarding those accounts should be an essential component of someone’s will or estate planning. Any accounts of value that are password protected may need to be outlined in an estate plan so someone’s heirs can easily access them.
While survivors may be able to pinpoint certain types of digital property easily, there are others that may be in a gray area. For example, people may want to highlight digital assets that have sentimental value in addition to those that have monetary value. That property could include Internet-based accounts that hold personal information, photographs or videos. If left unmentioned, it is possible that these accounts will essentially die with the decedent.
An article in USA Today notes that experts recommend designating someone who can access any account the decedent has marked as notable. Instead or putting usernames and passwords into a will, which could become public, it may be better to document them elsewhere and leave instructions in the will for how the designated person can access that information.
Should you have any questions about digital property and estate planning or would like to schedule a free initial consultation, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800 or contact us online.
Waltz, Palmer & Dawson, LLC is a full-service law firm with various areas of service to assist your business, including: Employment Law, Intellectual Property, Commercial Real Estate, Litigation and general Business Law services. Individual services include Estate Planning, Wills and Trusts, Probate, Guardianship, Divorce and Family Law.
This article constitutes attorney advertising. The material is for informational purposes only and does not constitute legal advice.