People are increasingly living their lives online. Whether it’s through gmail, Facebook, eBay or NetFlix, our lives become increasingly more digital everyday. But what happens to your digital footprint – your digital estate – when you pass away? Your client’s digital assets must be accounted for and protected in their estate plan or their loved ones may simply lose access to sentimental and valuable digital assets.
Attorneys must be aware of these new issues surrounding digital assets to fully protect their client’s estate. Do you know what accounts are valuable virtual assets? Do you even know what a digital asset is? What are your client’s wishes with their Facebook, PayPal or iTunes account when they pass away? Have you preserved access to crucial email & social media communications? Estate law now goes way beyond tangible property – are you prepared to protect your client’s digital assets?
To learn more about how you can protect your client’s digital estate, join Rich Martin as he discusses the various types of digital assets and current & proposed legislation that is intended to help protect people’s digital assets and estates. The main topics discussed in this CLE course include the legal uncertainty around the possession & conveyance of digital assets, client recognition of digital assets, digital estate planning and staying compliant. Rich also addresses the growth of the Internet & world wide web, the value of domain names, categories of digital assets, valuable online accounts, state & federal law, the Stored Communications Act (SCA), the Computer Fraud and Abuse Act (CFAA), United States v. Swartz, the Uniform Fiduciary Access to Digital Assets Act (UFADAA), the Privacy Expectations Afterlife and Choices Act (PEAC), revised UFADDA, creating a plan with the client, sample language to include in wills & trusts, additional legal issues & clauses and estate planning documents.
Richard Martin is the founder and CEO of Directives Online. A licensed attorney in California, Jason Castillo actively participated in this course.