Maybe you recall these headlines:

• Widow wins battle with Apple over deceased husband’s password
• Family fights to access son’s Facebook account after his suicide to finally gain closure over tragic death

The Revised Uniform Fiduciary Access to Digital Assets Act aims to solve this problem for fiduciaries – conservators, trustees, attorneys-in-fact, personal representatives, and the like.  For an overview, check out this post on FindLaw published yesterday.

If the RUFADDA is adopted in Oregon, suing Apple or Facebook should no longer be necessary. In the meanwhile, estate planning lawyers should talk to clients about this issue.  If you are drafting a will, trust, codicil, power of attorney, or similar document, instruct clients to create a “Digital Asset Instruction Sheet” so loved ones have direction on what to do and how to access these accounts.  A sample “Digital Asset Instruction Sheet” is available to Oregon lawyers on the PLF website, courtesy of Beate Weiss-Krull.

[All Rights Reserved 2016 Beverly Michaelis]