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January 3, 2014

Planning for Your “Digital Afterlife”

Have you ever received a Facebook alert reminding you of the birthday of a loved one who has passed away? Perhaps you’ve been frustrated by failed attempts to retrieve precious photos from a password-protected online account belonging to a recently deceased loved one. If so, you may have wished this person’s will directed you on the disposition of his/her online user accounts.

In this modern age where everything from credit card statements to intellectual property are stored sometimes exclusively online, your will has to include directives to those you leave behind. Digital information is subject to an ever-evolving battery of federal and state laws. Even if your loved ones are able to gain access, they may be in violation of data laws if they do so without your express written consent.

New Hampshire House Bill 116, introduced in January 2013, would enable an executor to “take control of a decedent’s social networking websites.” However, on January 30, 2013, the bill was “laid on the table”; simply put, that means the bill will not be enacted at the present time.

So what is a person to do? First, think about all of your online accounts as well as digital files saved to each of your devices. Is your data backed up? Is your backup both off-site and online? Are your passwords stored safely so that unauthorized individuals are not able to gain access to your digital property?

Next, if the assigned executor of your will isn’t computer savvy enough to handle your digital affairs, you may consider designating a separate digital executor. In this case, language to establish this separate duty might read like this: “I authorize the engagement of (name) as my digital executor, to access, handle, distribute and dispose of my digital assets as he/she deems appropriate”.

A clear definition of what constitutes “digital assets” would describe the exact scope of this additional executor’s duties. Digital assets may include home computers, laptops, tablets, mobile telephones, storage devices, as well as all of the information stored on those devices. Information stored on digital devices includes email, music, photographs, videos, and online accounts such as social, proprietary, financial, and tax preparation sites, just to name a few.

Regardless who accepts the responsibility of handling the disposition of your digital assets, you will need to provide a list of those assets, where they are stored, and the location of current login information for each.

An experienced New Hampshire attorney will be able to direct you on the disposition of your “digital afterlife” and create a custom will to suit your needs.

Attorney Ed Hibbard is available by appointment in both the Laconia and Portsmouth offices.

January 3, 2014