Digital Assets

News & Analysis as of

What Happens to your "Social Media" and other "Digital" Life when you Die?

Over the holidays, it’s likely that you or a loved one received some type of computer or device that connects to internet websites, e-mail and applications. Or that pictures were taken and stored on such a device, or that...more

iWill or iWon’t

Ever wondered what will happen to your Facebook page when you die? The California Legislature has recently weighed in. Effective as of January 1, 2017, California will have its first law to specifically address the handling...more

Wealth Management Update - December 2016

December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The December § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

2016 Year-End Estate Planning Advisory

In 2016, we continued to experience a period of relative stability in our federal transfer tax system and have been able to plan without expecting imminent significant changes to the system. Under the American Taxpayer Relief...more

States Pass "Digital Assets" Legislation

Financial transactions are increasingly occurring online. Many of us pay bills electronically, or have them automatically charged to credit cards or debited from checking accounts. Many of us also receive asset and credit...more

Digital Transformation in the Insurance Sector

For Insurers today, an effective digital strategy is critical for long-term success. Insurers need to innovate, both to stay ahead of legacy competitors and to pre-empt the erosion and disruption of established business...more

Alert: Five Things You Should Know About Connecticut’s New Uniform Power of Attorney Act

A Power of Attorney is an important estate planning tool that allows an individual (the “Agent”) to act on behalf of another person (the “Principal”) in financial and other matters without involving the probate court. A new...more

Social Links: LinkedIn’s new feature estimates compensation; states grapple with social-media-account-inheritance laws; insurance...

Because it bases its assesments on job title, location and industry, LinkedIn’s new Salary feature might be more accurate than are other online compensation estimation tools....more

California Passes Revised Uniform Fiduciary Access to Digital Assets Act

On September 24, 2016, the Governor of California approved the California Revised Uniform Fiduciary Access to Digital Assets Act, which “would authorize a decedent’s personal representative or trustee to access and manage...more

New Law Deals With Digital Assets After Death

In an article earlier this year we noted that at a large number of states had introduced legislation to address an emerging issue that is unique to our Information Age: how will our digital assets be accessed and used (or...more

Social Links: Snapchat ad revenue grows; the UK’s revenge porn problem; laws that enable control of digital assets after death

Snapchat is on track to rake in an enormous amount of ad revenue by 2017. Also, there’s mounting evidence that the company is working toward developing a Google Glass-like product. We have written previously...more

The Florida Fiduciary Access to Digital Assets Act

When Justin Ellsworth was killed in Iraq in 2005, his family requested that Yahoo grant them access to Justin’s Yahoo e-mail account. Yahoo refused, forcing Justin’s family to sue Yahoo to gain access. Ultimately, the...more

Labor & Employment E-Note - August 2016

In an article published on August 12, 2016 by Advance Healthcare Network, Bryance Metheny provides guidance to employers who need to prepare for the recent changes issued by the Department of Labor ("DOL") to the federal...more

California Passes Digital Assets Law

Following in the footsteps of numerous other states, California became the newest state to pass a digital assets bill, which allows individuals to access social media accounts, music accounts, gaming accounts or other digital...more

Making the Creative Commons Smarter

Two weeks ago at the terrific inaugural RightsTech Summit, a wide range of very knowledgeable people came together to discuss the current state of digital rights management, and more importantly, the direction that new...more

New North Carolina Law Allows Fiduciaries Access to Digital Assets, but Only If ...

When people die or become incompetent, what happens to their digital assets? Who can legally access their email and handle it properly? Do their social media accounts remain forever open, accepting content and sending...more

How can surviving family members deal with online accounts and other digital assets?

We, as a society, are gradually moving away from paper bank statements, jars with money in them, and instructions to loved ones scribbled on notepads. With the growth of our online presence, our lives can be governed almost...more

Your Confidential Employment Information Is Safe Under Tennessee's Uniform Fiduciary Access to Digital Assets Act

On July 1, 2016, Tennessee’s Revised Uniform Fiduciary Access to Digital Assets Act went into effect.  The Act grants fiduciaries authority to access a decedent’s digital assets.  As a result, executors, trustees, powers of...more

Wealth Management Update - June 2016

June Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts The June § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs...more

New Florida Law Facilitates Access to and Management of a Person's "Digital Estate" After Death

A new Florida law facilitates access to and succession of a person's "digital assets" (that is, electronic records that may include photos stored on online servers, email and online bank accounts) through appointed...more

Digital assets…Coming soon to a state near you!

In the hours leading up to the legislature’s constitutional adjournment deadline of midnight on May 4, the Connecticut State Senate passed House Bill 5606, the “Connecticut Revised Uniform Fiduciary Access to Digital Assets...more

Trusts and Estates Group News: Estate Planning Enters the Digital Age

One reality of modern life is our increasing reliance on digital information and services. It’s difficult to take and then order prints of photographs, accumulate travel rewards, book travel, sort through financial records,...more

Blockchain Basics: A Primer - Blockchain, the technology underlying the cryptocurrency Bitcoin, is poised to revolutionize how all...

You have probably heard of Bitcoin, a peer-to-peer, non-governmental currency. Bitcoin is the first money that is its own payment system. That is, no bank, money transmitter or intermediary of any kind is required to clear...more

Estate Planning, Wills and Trusts: Importance of Considering the Internet and “Digital Assets” in Estate Planning

“Forgot your ID or password?” Everyone using the Internet has probably been asked and answered “Yes” to this question. That usually means having to take the time to answer more questions or search for...more

Is Data Really a “Toxic” Asset?

In his “Data Is a Toxic Asset” blog post, Bruce Schneier argues that data is a toxic asset and that the lesson all the recent data breaches are teaching us is that storing this asset is “dangerous,” because it makes companies...more

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