Tag Archives: executor

Your never to young to write a will.

yelchinAnton Yelchinleft, the Star Trek star, died a few months ago in a bizarre automobile accident.  He was 27 years old.  His assets were about $1.4 million….and he had no will.  He also had no spouse or children.  Therefore, his parents are asking the probate court to make them administrators of his estate.

He may not have wanted his parents involved in his estate.  He may have wanted someone else to handle his affairs.  But we’ll never know.  Accidents do happen and you need to be prepared.  Write a will today.  Make sure that people know what your wishes are so that they can be carried out after you’re gone.

For information about estate planning, check out our website, www.diesmart.com.

Where does your Pokemon go after you die?

PokemonEveryone today has several online account and is part of the digital world.  Are you one of the millions of people playing Pokemon?  Are you using real US dollars to make in-game purchases?  Do you place a real value on your game progress?

Well what happens to your account when you die?  According to a recent Forbes article, if you have online accounts for things like Pokemon, Facebook, LinkedIn, Twitter and Gmail,  the answer is not a simple one.

First  you need to look at federal and state law.  At the federal level, there isn’t any direct authority related to digital assets.  At the state level, some states have enacted legislation to allow an estate’s executor to gain access to some digital assets upon the death of their owner.  However, this legislation does not extend to all 50 states and is not totally consistent in its direction.

Once digital assets are treated more like physical assets, then your will, trust or state succession laws will determine how these accounts are transferred.  However, you may not want all of these assets transferred; you may want them deleted on your death.  For example, you may not want your spouse to read all of your emails or private Facebook messages.  You will need to indicate your wishes in your estate plan.

If you have online accounts at places like Home Depot or Lowes, you may want to direct your executor to pay any outstanding balance and then delete that account so that it can’t be hacked.

Have you read the service agreements that you clicked “okay” for when you signed onto Pokemon Go or Facebook or Gmail.  They put restrictions on your ability to share passwords or to transfer the account.  “In fact, Pokemon Go’s contract gives you a ‘limited nonexclusive, nontransferable, non-sublicensable license to the application.”  What this means is that when you die, your Pokemon Go account is dead as well.

As you can see, online accounts are governed by documents as well as state laws.  You need to carefully read the agreements that you “sign” so you can understand what you really have….or don’t.  When you prepare your estate plan, make sure that you include a list of the names of all of your online accounts, their passwords and usernames so your family can access your accounts when you die.  Develop a plan for the disposition of those accounts when you die.  It is an important part of any estate plan.

For more information about your digital estate, check out our book, Access Denied: Why Your Passwords Are Now As Important As Your Will.

Who gets your bible and your jelly jar collection?

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Do you have a tangible personal property memo as part of your estate plan?  I just read a Forbes article that really makes a good case for why one is necessary.

An example they used is as follow, “When a widow with incapacity issues and squabbling adult children died, the executor she named in her will rushed to her home and changed the locks just as one son showed up to take things left in her will to his siblings.”

“in another case, an elderly woman who lived in a run-down house despite having millions of dollars in securities in the bank, had told various nieces, nephews and friends from church that she would give them specific pieces of costume jewelry, the family bible and her collection of homemade jams.  What they were fighting over were these sentimental, valueless items because they had an emotional attachment to them.”

How can you prevent these kinds of squabbles at what is already a very emotional time in your family’s life?  Put everything in writing.  Don’t must make oral promises.  Spell out who gets what in a will, trust or personal property memorandum.  That way, there won’t be any guessing games or arguments.  Your executor will distribute specific items to those who you wanted to have them.

For more information about end of life planning, check out our website at www.diesmart.com.

Many states join the UFADAA bandwagon

ULCLogoEarlier this year, we wrote about the first state to adopt the new, revised UFADAA (Uniform Fiduciary Access to Digital Assets Act) recommended statute.  This statute makes clearer the ways which an estate executor and others can deal with your digital assets when you die.

Indiana, this week, joined the ranks of states that have decided to pass a “law that addresses the rights of a fiduciary, such as a personal representative, trustee, attorney-in-fact or guardian, to access digital property, such as online financial accounts, emails, texts, social media accounts and online document and picture storage.”

Since digital assets are a large part of many people’s estates, this new act has become more important.  States are recognizing this and, as of this date, many have either adopted the act or are in the process of considering it.

For information about whether your state has adopted this important act yet, click here.

For more information about digital estate planning, check out our book “Access Denied: Why Passwords Are Now As Important As Your Will” or go to our website www.diesmart.com.

No power in the house – a digital death problem!

51j2ST20YwL._SX384_BO1,204,203,200_A Sad but True Story from Access Denied illustrates a major problem that many survivors face when trying to deal with their loved one’s death.

“Marsha’s husband, Greg, went bike riding with some friends, something he did most Sunday mornings. A car careened down the street and hit him; he was killed instantly.

“Greg was the main breadwinner and his income paid for their living expenses. His salary checks were automatically deposited into his bank account. Their bills, including mortgage, utility bills and insurance premiums, were automatically paid from this account.

“When he was killed, Marsha was distraught. The death was totally unexpected. Greg was 46 and in great health. She spent the first few months after his death just grieving and wringing her hands. She could cope with very little and wasn’t thinking clearly. She never thought about the practicalities of how digital death were affecting her life.

“Because Greg was gone, paychecks were no longer being deposited into his bank account, so money to pay the bills quickly ran out. The checking account and the online utility accounts were set up with Greg’s name and email address. Past due notices and notices of returned checks were being sent to Greg’s email account, and Marsha knew nothing about them.

“Then, one day she came home to find she had no power. When she called the power company to find out what was wrong, they informed her that the bill for her address had not been paid. They had cut off the power and Marsha was in the dark with no heat and no electricity.

“Here’s how the call went:

PG&E answering machine: Hello, how can I help you? Press 3 if you are calling for help with billing.
Marsha: Pressed 3
PG&E answering machine: Please enter your account number so we can help you.
Marsha: Thinking to herself: I have no idea what the account number is. We haven’t received a paper bill in ages. Why don’t they ask me for Greg’s email? I know that.
PG&E answering machine: I’m sorry. Let’s try again. Please enter the account number. We’ll need that before we can help you.
Marsha: Clicking 0, 0, and 0 looking for a way to get connected to a real person.
PG&E (a real person): Hello, this is PG&E. How may we help you?
Marsha: The electricity at our house has been disconnected. I need to make a payment.
PG&E (a real person): Do you know the account number?
Marsha: No. My husband paid all of our bills.
PG&E (a real person): What is your husband’s name?
Marsha: Greg Thomas.
PG&E: What is your relationship with Greg?
Marsha: I’m his wife.
PG&E: Is Greg there? We can’t take a payment from anyone but Greg.
Marsha: No. Greg died several months ago.
PG&E: We are very sorry to hear that. Unfortunately, we can’t take a payment or transfer service to your name without you being here in person and providing proof of your relationship to Greg.
Marsha: You’re kidding right! It’s 20 degrees outside, and I don’t have any heat.
PG&E: I’m sorry. There is nothing we can do at this time. Please visit your PG&E office Monday morning with the right documentation, and they will be able to help you.
Marsha: (In one last effort for help) Can’t you just give me Greg’s password? I could log in and pay the bill electronically.
PG&E: Do you have documentation from Greg authorizing access to his account?
Marsha: No (thinking to herself: I have no idea what she is talking about).
PG&E: Sorry, there’s nothing else we can do.”

Don’t let this happen to you.  Makes plans for what will happen to your digital estate when you die and protect your family.  For more information and help on this critical topic, get a copy of Access Denied today.