Tag Archives: Probate

Google – What happens to your Gmail account when you die?

Google is one of the few ISPs that actually have a published policy on what to do to access a Gmail account when someone dies. http://mail.google.com/support/bin/answer.py?hl=en&answer=14300

Whoever is the lawful representative of the deceased or his or her estate can notify Google about the death via fax or US mail. The following information must be provided to them:

1) The representative’s full name and contact information, including a verifiable email address

2) The Gmail address of the deceased

3) The full header of an email sent from the Gmail account in question and received by the representative at his or her verifiable email address

4) The entire contents of the message attached to that header

5) Proof of death

6) A copy of the document giving the representative the authority to settle the deceased’s estate

There’s a catch. The representative must have received an email sent from the Gmail account.

Obviously, if a family member knows the deceased’s log in information – user name and password – he or she can just log in and cancel the account. There’s no need to go through the above process.

If no one knows the log in information and access to the account is desired or the legal representative has no email from the deceased’s Gmail account, this is what should be done.

The legal representative should send a letter listing the same information as indicated above and, in that letter, should request access. It may be provided although Google doesn’t specify the criteria under which that will happen. The only other way to gain the information is via a court order or other appropriate legal process. Google says it will work with families and lawyers of the deceased to grant access once they’ve verified those people’s right to take over the account.

If no one logs in to a Gmail account for six months, it’s considered dormant. If another three months pass (a total of nine months) without a log in Google may delete it. If access to the account is not needed, here’s the easiest thing to do – nothing!

To find out more about how to handle digital assets after someone dies, check out our book “Grave Robbers…How to Prevent Identity Theft of the Deceased”.

Comcast – Can a deceased’s email account be accessed?

According to a Comcast representative, anyone who knows the last 4 digits of the deceased’s Social Security number, their account number or the amount of their most recent payment can cancel a deceased’s account.

However, accessing that account will be more difficult. If you want access but do not know the password that was used by the deceased, you must go in person to a Comcast payment center. The representative with whom I spoke thought it would have to be a Comcast office in the area where the deceased lived. I pointed out that this is a bit ridiculous; for example, my father lived on the other side of the country. Did this policy mean that I would have to fly from California to New Jersey in order to find out what his password had been? I was told that the answer was “yes”. I would suggest that you go to the nearest payment center and try to get them to provide the needed information.

If the account is not cancelled Comcast will continue to bill the account holder indefinitely.

To learn more about how to handle someone’s online accounts after they die, as well as to identify things you should do to protect the identity of that person, check out the book “Grave Robbers…How to prevent identity theft of the deceased.”

Plan For Death

"Just a little bit of planning made my live so much better."

“Just a little bit of planning made my life so much better.”

THE PAPERWORK GRIEF OF DEATH!

Dying is not just an emotional event in our life, it is a major financial event as well. Consider the following possible financial consequences of your death:

The paperwork and legal procedures required to settle your estate can cost your family four to eight percent of your net worth.
If probate is required, your family’s inheritance can be delayed for months, and in some cases, several years. During the probate process, the courts decide when your family can sell your personal residence. Even though your children can’t afford to pay the mortgage.
Contract law may override the instructions in your Will or Living Trust
Giving your share of your estate directly to your spouse may cost your family hundreds of thousands of dollars.
If you or your surviving spouse die without a will, most state intestate laws do not provide for stepchildren.
Naming a minor child as a beneficiary can subject the supervision of their money to the probate court. For a fee.
Giving money directly to a minor child with special needs can make the child ineligible for government benefits.
Your business may go out of business because no one know how to access digital records.
The beneficiary choice of per capita or per stirpes may accidentally disinherit a grandchild
Your choice of a beneficiary for your 401(k) or IRA retirement accounts can dramatically change the after death tax deferred value of these accounts.
If you don’t have long term care insurance, you must use your assets to pay for long term care. There may be no assets when you die.
Life insurance proceeds may be part of your taxable estate. If your estate is subject to the federal estate tax, almost half of the life insurance proceeds may be needed to pay the estate tax on the insurance proceeds.

ESTATE PLANNING

When someone dies, a series of laws and rules determine who has the legal authority to manage the decedent’s financial affairs.

These rules and documents also determine your beneficiaries and the cost, time and effort it will take to settle your estate when you die. Planning now will save your family money later.

These resources are useful when making plans to keep your money when you die:

Probate assets

A probate asset is any asset owned by you as an individual and assets where your “estate” is the owner or designated or contingent beneficiary.

Probate assets will be managed by the executor named in your will or by a personal representative appointed by the court if you do not have a will.

Instructions in your will generally determine the beneficiary of your probate assets. If you do not have a will, state intestate secession rules determine the beneficiary.
The executor or personal representative must determine what type of probate procedures are required to get authority (Letters or Affidavits) to manage the property.