Probate Best Practices Managing Digital Assets and Social Media - OBLIC

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Probate Best Practices Managing Digital Assets and Social Media

Post on February 21st, 2020

With 69% of adults in the U.S. using Facebook and another 37% using Instagram, it is a good idea for estate planning attorneys to discuss the afterlife of digital content and social media with their clients.

Ohio’s Uniform Fiduciary Access to Digital Assets Act, Chapter 2137 Ohio Revised Code, provides for continued access or control over digital assets when the owner of those assets dies or becomes incapacitated. A “digital asset” is an electronic record in which an individual has a right or interest. “Digital assets” may include accounts with Facebook, LinkedIn, Twitter or other social media.

Ohio Revised Code 1337.571, Digital assets, provides that unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to digital assets authorizes the agent to have access and take actions relating to digital assets of the principal. See Statutory Form Power of Attorney.

Discussion of what clients want to happen to these digital assets is an important step in protecting their privacy. Clients should also be made aware of designations or selections they can make within social media accounts. For example, Facebook allows users to designate a “legacy contact” to look after a memorialized account or to request that the account be permanently deleted after their death. Other types of accounts, such as LinkedIn, also have provisions to memorialize accounts.

As always, if you have any questions, please do not hesitate to contact me at OBLIC.

Gretchen Koehler Mote, Esq.

Director of Loss Prevention

Ohio Bar Liability Insurance Company

Direct Phone Line: 614.572.0620

Email: [email protected]