Because UFADAA laws (Uniform Fiduciary Access to Digital Assets Act) are still relatively new in most states, many wills, trusts and powers of attorneys may not have UFADAA specific provisions. Attorneys at Hartman & Winnicki, P.C. have been providing estate planning advice for more than 30 years and technology and Internet law counseling for almost 20 years.
In most cases we can quickly determine if you live in a state that has enacted UFADAA and if your estate planning documents contain UFAADA specific provisions. If you are interested in consulting with Hartman & Winnicki, P.C., to discuss whether you live in a UFADAA complaint state and review of your estate planning documents to determine if they contain UFADAA specific provisions, click http://ravin.com/contact/ . (Do not send any documents or confidential information).
Most states, including NJ, NY and FL, have passed a law which provides that social media, email and cloud storage account holders can designate persons to access their content when they die. Without properly designating a fiduciary pursuant to UFAADA (Uniform Fiduciary Access to Digital Assets Act) in your will, trust, separate writing or in an online tool provided by the online service provider, your executors or trustees may not be able to gain access to all the content in your social media and online accounts, including your photos, videos, records, and emails. This could result in your heirs and beneficiaries not being able to obtain any of the content. If these individual accounts are used in your business, then those businesses may be prevented from having access to important records and valuable content and accounts. Click the “Contact Us” button if you want to discuss with a Hartman & Winnicki, P.C. attorney how to comply with UFAADA so that your online content and records are made accessible in accordance with your wishes when you are gone. Initial telphone consultation is free upon appointment. Do not send documents or confidential information.
For a legal analysis of UFAADA, see my recent article published in New Jersey Lawyer Magazine: What Happens To My Emails, Social Media Content, Cloud Storage And Online Accounts When I Die?
Look To The UFADDA And Federal Law