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