Q. I have an extensive online presence – Facebook, LinkedIn, Instagram and some other sites where I have photos and such stored. Is there any reason I need to be concerned about what will happen with my online presence when I check out?
A. We all approach “checking out” differently. Some diligently make plans and arrangements to make sure every detail of their life will be addressed in the way they want it to be addressed, while others do minimal planning and just figure that things will work out as they will. How you approach your online presence is up to you.
Laws are in place that can help dictate how our digital footprint can be dealt with after we are gone, and online sites are required to work with personal representatives to shut down a decedent’s site. Unfortunately, not everyone addresses their online presence. I was recently shocked and saddened when I received a “friend” request from a friend who passed away months before. Clearly, her Facebook page is still up and running and, who knows, someone may have “hacked” it to get in touch with her friends. Had I acknowledged the request, the next notification might have been that “she” needs money wired because she is in jail in a foreign country! In other words, scammers can use these sites to scam us.
Given the law changes, if you would like your online presence dealt with in a specific manner, tell your trustee or executor. Provide your personal representative with a list of your sites, passwords and give them direction on how to deal with your membership. If you are acting as a trustee or executor and want to close down a decedent’s online presence, try going to the site using the decedent’s computer. Sometimes, if the decedent had asked the site to “save this” regarding their log-in information, it can be as easy as going to the site and you are in! Once in, just follow the directions to discontinue the membership.
Also, most sites have specific rules regarding how your personal representative can manage your accounts once you no longer need the site. Check with the site’s management section to see if you can provide your representative’s name which should make it easier for your fiduciary to gain access in the future. Facebook provides for a legacy contact and Google allows users to designate a trusted contact who can access an account after a certain period of inactivity.
The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADDA) was enacted in California in 2016 which provides that your fiduciary (trustee, executor, or agent under power of attorney) can access your sites and either post, access information or close down your membership. Most estate planning attorneys include these provisions in the estate plans being drafted for clients.
Some of us have made clear plans for social media management and advise our personal representative of how we want these memberships treated. Some go so far as to advise representatives to post an obituary or other “goodbye” once they have departed or even as a way to invite friends to a celebration of life. It is your personal preference but I suggest that you give your trustee or executor information about your online presence so steps can be taken to close down your sites. What we don’t want is someone getting ahold of our online presence and using it in nefarious ways!
Liza Horvath has over 30 years of experience in the estate planning and trust fields and is a licensed professional fiduciary. Liza currently serves as president of Monterey Trust Management. This is not intended to be legal, tax or investment advice. If you have questions call (831) 646-5262 or email liza@montereytrust.com.
