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Digital Evidence Expert:
Death and Digital Assets! - Wills

Digital / Electronic Evidence / Computer Forensics Articles

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By Scott Greene

Two weeks ago our newsletter was about Death and Digital Assets. This week we supply some verbiage that you may want to use to model a portion of your Will to leave behind so someone can handle your digital assets.

To give the Executor power to access/manage digital assets (or when using the alternate clause, to engage another named person to do so):

“My Executor shall have the power to access, handle, distribute, and dispose of my digital assets, and the power to obtain, access, modify, delete, and control my passwords and other electronic credentials associated with my digital devices and digital assets. [ALTERNATIVE:  I authorize my Executor to engage and to assist in accessing, handling, distributing, and disposing of my digital assets.] If I have prepared a memorandum, which may be altered by me from time to time, with instructions concerning my digital assets and their access, handling, distribution, and disposition, I direct my Executor and beneficiaries to follow my instructions as outlined in that memorandum. “Digital assets” includes the following:

(1) Files stored on my digital devices, including but not limited to, desktops, laptops, tablets, peripherals, storage devices, mobile telephones, smartphones, and any similar digital device which currently exists or may exist as technology develops; and

(2) Emails received, email accounts, digital music, digital photographs, digital videos, software licenses, social network accounts, file sharing accounts, financial accounts, banking accounts, domain registrations, DNS service accounts, web hosting accounts, tax preparation service accounts, online stores, affiliate programs, other online accounts, and similar digital items which currently exist or may exist as technology develops, regardless of the ownership of the physical device upon which the digital item is stored.”

Last week: Death and Digital Assets - Powers of Attorney
Two Weeks Ago: Death and Digital Assets

This article is offered only for general informational and educational purposes. It is not offered as and does not constitute legal advice or legal opinions. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. You should always consult an attorney before using and/or executing any legal document, as Evidence Solutions, Inc. is not a law firm, and therefore not allowed to give legal advice.

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Related Articles and pages:

Why you need to take care of Digital Assets at Death

Death and Digital Assets: Powers of Attorney

Computer Forensics


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