Delaware Becomes First State to Give Heirs Broad Digital Assets Access

What happens to your email, Facebook, Twitter, blog, and other accounts when you die? Delaware has now passed a law that ensures families’ rights to access the digital assets of loved ones during incapacitation or after death. House Bill (HB) 345, “Fiduciary Access to Digital Assets and Digital Accounts Act,” gives heirs and executors the same authority to take legal control of a digital account or device, just as they would take control of a physical asset or document.

While some states, including Idaho and Nevada, have some existing provisions pertaining to limited digital assets for heirs, they are not as broad as the new Delaware law. For now, the state’s version of UFADAA only applies to residents of Delaware.

An attorney with DLA Piper, and the director of the State Privacy and Security Coalition, an umbrella group that represents Google, Yahoo, Facebook and other firms, said that he opposes the new Delaware law because of privacy concerns for those who may have communicated with the deceased.

You can read more in an article by Cyrus Farivar in the Ars Technica web site at http://goo.gl/8GOqbd.

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