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Digital Death Day

By David M. Goldman

Digital Death Day is the idea that when we die physically, we may want to decide what happens to our digital profiles and accounts, whether that entails deleting or claiming the information. In the physical world individuals tend to leave paper trials so that their heirs may find important documents, but in the digital world the paper trial vanishes. Whether assets are economically or sentimentally valuable assets, they may be lost when we die.

Recently, a conference was held in California which discussed some of the issues involved with digital assets and what becomes of them when we die. Participants included attorneys, funeral directors, hospice services, obituary columnists and memorial services. In addition, representatives from many digital asset services offering digital afterlife management. The problem with many of these is that although they provide a way to pass on account information, they do not provide a legal means to access them or use the assets which could create liability for the violations of the licensing agreement as well as to others in the estate.

As the digital environment grows and the area of law develops, many people will seek to ensure that their legacy remains after they are gone. In the future individuals who use a computer to store information should utilize a Digital Asset Protection Trustfor all their digital assets to pass to their heirs. Consult your Digital Asset Protection Trust Lawyer for guidance on how to protect and distribute your digital assets before your digital death day.

Full post as published by Florida Estate Planning Lawyer Blog on June 18, 2010 (boomark / email).