Digital Assets, Social Media

Digital Assets After Death

There are many things you have to consider when creating wills, trusts, and more. Most of the time, social media, and digital assets are the last thing you want to think about when you are terminally ill or seriously injured. Is it even important to think about this? What’s the point? You have to keep in mind if you were active online and interacted a lot with friends and family, this has allowed them to have invaluable moments with you. However, even though your posts, pictures, videos, and more may have huge sentimental meanings to your loved ones, there is a high value to hackers, and fraudsters, where the threat of identity theft is real. Due to this, there are many experts who will argue that online accounts can now be seen as “digital inheritance” which is an important aspect of estates that should be included in wills. If ignored, this could lead to difficulties down the road.

What to know before managing your digital inheritance

Make sure your lawyer is familiar with the Fiduciary Access to Digital Assets Act (FADA), which guarantees individuals the right to transfer digital possessions legally.

How should you prepare your digital inheritance?

This is where you will want to share with a trusted close friend or family member your social media information including passwords. Remember, sharing passwords should be in private and not in wills, as will are apart of the public record. The information should be “need to know” regarding the legacy you want to preserve. What you could do now is narrow down the current social media memberships you contain. You can delete or edit privacy settings now for early preparation.

What options do social media services provide for managing a deceased user’s data?

Many social media sites display their terms of service in the incident of someone’s death. Below are what some sites provide in this situation. Facebook:
  • You can set up your account in advance. You can choose to memorialize the account or have it completely deactivated and deleted.
Twitter:
  • Twitter can work with someone you authorize to work on deactivating your account after death. According to its terms of service, Twitter won’t allow someone to have account access to post anything or make any changes
LinkedIn:
  • Like Twitter, when requested by an approved friend or family member, a user’s account will be closed out with appropriate paperwork.
Google Accounts:
  • (This includes Google+, Gmail., YouTube) Like Facebook, there is an option that allows users to make arrangements after their death. There’s a way to create a “dead man’s switch” by creating an inactive account feature. When Google realizes there is no activity from the user, the deletion process will go into effect. However, if this feature is not set up, loved ones from the user can contact Google to close an account.
Yahoo!:
  • Only verified friends or family can close out a user’s account after death. The proper paperwork will need to be provided in order to move forward.
Pinterest:
  • Similar to Twitter, Yahoo!, and LinkedIn, a request can be made by a verified family member or friend.
Instagram:
  • Same as Pinterest, however, there can be a request to memorialize the account like Facebook offers.

Other options for sharing your digital assets and inheritance?

If this all sounds overwhelming, remember it doesn’t have to be. There are even third-party applications dedicated to helping individuals resolve these issues, along with password managing apps that hold all of your digital inheritance, where your spouse or a trusted family member, or friend will have access to it. It’s not too late to start planning. The sites above can help you prepare your plan to protect your digital identity and legacy in the case you do pass. Contact the Law Offices of Lawrence H. Nemirow today for more information about digital assets. We’ll be happy to answer any questions you may have.
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What Does An Estate Planning Attorney Do?

An estate planning attorney doesn’t only help assist with a testament and last will. They also specialize in estate planning, where they help create living trusts and make a plan to avoid estate taxes. Estate planning lawyers will also be able to assist in developing powers of attorney as well as health care directives, in which they will arrange for another person to handle your case if there is an incident where one becomes mentally incapacitated. This will allow the attorney to have a backup plan in regards to their client’s affairs. With years of legal experience, an attorney will know how to counsel their clients with setting up and preparing their affairs in case of an eventual death.

Your Estate Planning Attorney Should…

  • Be someone who has shown complete devotion to their practice of this area of the law
  • Feel comfortable with the intimate details pertaining to your life so the both of you  can meet and succeed the expectations of your plans
  • Be up to date on your states current laws.
    • Make sure your attorney has not been keeping up with the appropriate knowledge. If not, then the court can see your estate plan as invalid.

There’s a High Price

Don’t be alarmed. However, you will be paying a much higher price than usual when it comes to this area of legal counsel. Remember that you’re paying for the knowledge that your lawyer has & all the skills they’ve gained over the years. If you work with an attorney with limited experience in estate planning, you can plan on them selling you a revocable living trust only.

Contact Estate Planning Attorney Lakewood

Be sure to take your time when finding a credible estate planning attorney. Take time to explore our services and stop by so we can see what benefits you the most.

Why You Need An Estate Plan

There are many reasons as to why you should get a head start with creating an estate plan with your attorney. Below are the top reasons why we think you should get one. When planning through the Law Offices of Lawrence H. Nemirow, you’ll be assisted in the best way possible.  

Having an Estate Plan to Protect Your Beneficiaries

  Typically, one’s goal is to protect minor children, and protect adults in their lives from negative influences, negative decisions, and negative future possible scenarios such as divorces and credit problems. When it comes to minor children, in all states, there are laws that necessitate a guardian to watch over their needs as well as their finances until they turn the legal age of 18. Depending on the state, the legal age may be 21. Now if the beneficiary is legally an adult and has shown no responsibility when it comes to managing money, or has a significant other that will consume the beneficiaries money, then a separate estate plan can be made to protect them, as well as others.  

Avoiding Probate 

  Many start looking for an estate planning attorney to avoid probate. Probate is a long process of creating and authenticating one’s last will and testament. There are many stories told by friends, family, and acquaintances where the probate process has left them feeling uneasy.    

Avoiding Trouble

  Usually, people start realizing they need to start making plans with an estate planning attorney when they see someone they are close to going through an experience that was seen as wasteful in terms of time and money all due to one’s failure to create an estate plan.  

Protecting Assets From Creditors

  More than just wanting to avoid stress, many have chosen to seek advice from an estate planning attorney to protect their assets from unseen creditors. It’s important to have a plan for protection right away, because once a lawsuit is around the corner, unfortunately at that point, it’s already too late. In order to be prepared, a client and their attorney should come up with a couple estate plans that will financially benefit the client during their lifetime, and their beneficiaries after the client’s death.  

Minimize Estate Taxes

  What drives people to get estate plans put in place are due to the loss of an estate because of payment of state/federal or inheritance taxes. There are basic steps married couples can do to minimize or even get rid of estate taxes. In order to do so, specific trusts would need to be created as part of their revocable living trusts. Essentially with advanced techniques from an attorney, it is possible to have the estate or inheritance tax completely go away.

CLIENT TESTIMONIALS

  • I finally got around to making the “estate planning” phone call after many decades of procrastination. I found Lawrence via Avvo and Yelp reviews, and he was very responsive to all my questions about estate…

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ABOUT OUR FIRM

We Specialize In Estate Planning, Probate, Wills And Trusts, Insurance Law And Business And Corporate Law.

I was licensed to practice law in the State of California on June 6, 1996. I then formed The Law Offices of Lawrence H. Nemirow, PC to serve communities of Los Angeles County and Orange County with their legal needs. I am licensed to practice before all of the Superior Courts in the State of California, the U.S. District Court for the Central District of California, the U.S. District Court for the Southern District of California, and the United States Court of Appeals for Veterans Claims.

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