After the death of a loved one, one of the more complicated things to deal with is what to do with their social media accounts. Often following death, the social media accounts sit idly by. This happens because there is no one to access their social media accounts, and the digital custodians of those accounts (Facebook, Twitter, Google, Instagram, etc.) are not willing to release that information.
Social Media’s New Law
On March 29, 2016, Governor Snyder signed a bill into law that will treat digital social media accounts as assets. This new law will allow people who create an estate plan to assign a fiduciary or designated recipient to access certain or all electronic communications when a user is unable to care for him or herself or has died.
Social Media: How the New Law Works
Because of this new law, a social media account holder (user) will be able to use an electronic service (online tool) to direct the digital custodian (“person that carries, maintains, possesses, receives, or stores a digital asset of a user”) “to disclose or not to disclose to a designated recipient some or all of the user’s digital assets, including the contents of electronic communication.” If an online tool is not used, or is unavailable to a user by the digital custodian, the user may give directions in their Will, Trust, Power of Attorney, or other record disclosure that will allow or prohibit the fiduciary to access some or all of the user’s digital assets.plan ahead for access to
The bill takes into account the possibility of courts ordering access to accounts, or certain content, or users allowing partial or total access to certain social media accounts. The user is able to withhold certain accounts from the recipient, and the digital custodian is not required to disclose any accounts that were deleted by the user. The digital custodian can also provide a copy in a record of any digital assets that would have been accessible by the user on the date of the request for disclosure.
Because this law is so new, it has not been codified into the Michigan Complied Laws, though it has been named the “fiduciary access to digital assets act.” It is set to be effective on June 27, 2016. Once it has become effective, the act will likely be taken full advantage of, and plenty of case law to interpret any ambiguities will soon follow.
Social Media and Estate Planning
This is an excellent reminder of why it’s important to plan ahead for access to your digital property—passwords, online accounts, and electronically-stored information—in your estate plan. By planning ahead, you can arrange for full access to your digital property, keep administration costs down, and ensure that no valuable or significant digital property is overlooked.
The Probate Pro prepares Wills, Trusts, Conservatorships, Guardianships, Revocable Living Trusts, Supplemental (Special) Needs Trusts, Powers of Attorney, estate plans for persons with disabilities, and other creative Trust plans. Please call us at (248) 399-3300.