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Communications & Media Wills, Trusts, & Estate Planning

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Are Your Social Media Accounts in Trusted Hands if You Die or Become Incapacitated?

by Barley Snyder on

All of us increasingly rely on online accounts and electronic devices. Many of us own assets that exist only in electronic book entry form or are stored on an electronic device, including social media accounts, photographs...more

November Trust and Estates Litigation Advisory

by Goulston & Storrs PC on

Since our last newsletter, there has been one significant development in the Probate and Family Court, and one decision of note. First, effective as of November 20, 2017, the Probate and Family Court issued Standing...more

You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?

by Farrell Fritz, P.C. on

E-mail is seemingly omnipresent. Day in and day out, we use it in our business, social, and personal affairs. Yet, the improvements to the technology associated with e-mail have far outpaced the development of the law...more

Ohio’s New Laws Governing the Management of Digital Property After Death

by Reminger Co., LPA on

When Ohio House Bill 432 and Ohio Revised Code Chapter 2137 became effective on April 4, 2017, estate fiduciaries were given new tools for managing a decedent’s digital property....more

Privacy Perils: The Untimely Death of Digital Data

by Bass, Berry & Sims PLC on

Many people have thoughtfully gathered information on the location of their bank accounts, deeds, lock boxes, safe combination, car title (and keys), investment accounts, check books, and other assets to make handling their...more

Fiduciary Access To Digital Assets

by Pessin Katz Law, P.A. on

I don’t need to tell you that social media has become a mainstream way to communicate ideas, photos, and information. Even the President uses this technology as a prime form of expression. Have you considered what happens to...more

Digital assets create new complications for estate planning

by Thompson Coburn LLP on

“Digital assets” encompasses a wide variety of things, from your email and Facebook accounts to your iTunes music to your electronically stored data to your domain name to bitcoins. Some of them may have actual value, while...more

Client Alert: Florida Passes the Florida Fiduciary Access to Digital Assets Act

The Florida Fiduciary Access to Digital Assets Act (the “Act”) took effect as of July 1, 2016. The digital world is growing at an exponential rate. The Act provides much needed guidance for digital asset owners of how they...more

New laws may give fiduciaries power to access digital assets

by Thompson Coburn LLP on

Historically, estate planning has been concerned with tangible assets, such as real estate and personal property, and intangible assets, such as securities and other investment assets. In the digital age, estate planning...more

Emerging Trends Newsletter - Q4

by Stinson Leonard Street on

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more

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

by Farrell Fritz, P.C. on

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

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

by Snell & Wilmer on

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

Health Care E-Note - September 2016

by Burr & Forman on

In an article published in the September 2016 MASA Newsletter, Jim Hoover and Angie Cameron Smith discuss how physicians should properly respond to subpoenas and requests for patients’ health information. They stress how...more

Thinking of Crowdfunding Your Project? Beware – the Taxman Cometh

The IRS Office of Chief Counsel recently released Information Letter 2016-0036 in response to questions regarding the taxation of crowdfunding revenue. In it the IRS concluded that crowdfunding revenue is taxable to the...more

Till Death Do Us Part? How to Deal With Celebrity Publicity Rights When That Celebrity Passes

by Reed Smith on

The tragic death of renowned recording artist Prince left many reminiscing about his meticulously crafted public image. In life, the law allowed Prince to control the commercial exploitations of his image.  At death, however,...more

Sign O’ the Times: the Right of Publicity Comes to Minnesota

by Dorsey & Whitney LLP on

The ability to control the use of one’s name, likeness, voice, and other personal attributes is known as the right of publicity. Unlike trademarks, patents, and copyrights, which are types of intellectual property governed...more

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

by Murtha Cullina on

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

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

by GableGotwals on

“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

Revised Uniform Fiduciary Access to Digital Accounts Act Adopted by Four States

by Dorsey & Whitney LLP on

With the shift from traditional hard copy paper documents towards electronic records stored Cloud Computing-based software and services (e.g., iCloud, Dropbox, Google Drive, etc.), access to and use of digital assets by...more

Crowdfunding: Disclosing Both Pros and Cons?

Crowdfunding has grown tremendously in the past few years, and with the recent finalization by the Securities and Exchange Commission of its rulemaking under a 2012 law, there may be an even greater expansion of investor...more

Oregon and Wyoming enact model digital assets law

Although numerous states have studied and introduced legislation adopting the Uniform Fiduciary Access to Digital Accounts Act, only three have adopted it thus far. The first was Delaware, which adopted the model digital...more

Fiduciary Access to Digital Assets and Accounts: Revised Model Statute Adopted in Oregon

Oregon became the first state to adopt the Revised Uniform Fiduciary Access to Digital Assets Act (“Revised UFADAA”) when Governor Kate Brown signed Oregon Senate Bill 1554 into law on March 3, 2016.  The law will become...more

Privacy + Estate Planning = Handling Your Digital Assets After You Die

by Snell & Wilmer on

The recently-proposed Revised Uniform Fiduciary Access to Digital Assets Act (“Revised UFADAA”) is a potential solution to a problem that most of us eventually will face: how will our digital assets be accessed and used (or...more

Digital Assets Bill Heading to Florida Senate Floor

by Bryan Cave on

We previously told you about the Uniform Fiduciary Access to Digital Assets Act (“UFADAA”) in our post found here. Now, Florida may become the 10th state to legislate fiduciary access to digital assets....more

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