Tag Archives: will

Apple says maybe” – Another digital death fiasco

A Ca 51j2ST20YwL._SX384_BO1,204,203,200_ nadian, Peggy Bush, widow tried to get her deceased husband’s Apple ID password so she could continue to use apps that resided on their shared iPad. She ended up being told by Apple support that she would have to produce a court order first.

Her daughter took up the fight and, after several weeks of customer support calls, writing to the CEO and going to the media with the story, Apple finally agreed “to help the family with their issue”. Sounds good, right. The problem is nobody is sure what this means. Will Peggy get access to her husband’s account? Nobody knows.

If this issue comes as a surprise to you, it shouldn’t. Apple and most other companies have license terms that are quite clear. There are no rights of survivorship. In other words, when you die, your account dies with you. In Apple’s terms: “unless required by law, you agree that your account is non-transferable and that any rights to your Apple ID or content within your content terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all content within your account deleted.”

When most people are trying to get their affairs in order, they think about the tangible things they own. They don’t think about their digital estate and how to provide access to online accounts for their heirs.

Although it is stated as not being legal in the terms and conditions of most online accounts, providing the user name and password for each account will enable your executor or other family member to access your accounts, close them, transfer date or even continue to use them.

To get more information about how to manage your digital estate, check out this book: ACCESS DENIED. You’ll not only find valuable help but worksheets you can use as well. Don’t leave a mess for your family. Get all of your affairs in order now, including those related to your online life.

An important holiday gift

As we approach the end of another year, it’s a good time to have an important discussion with your family and other loved ones about what will happen when you die. It may be uncomfortable but it’s a gift you should give them before any more time passes.

You should tell them about your estate plan – not necessarily all of the details but where it can be found, that it is up to date and who you have named as your executor. The estate plan should, at a minimum, include your will and your advanced directive; it might also include a trust, a healthcare proxy and a durable power of attorney. You should reassure them that the plan is current and reflects your wishes at the present time. (If it doesn’t, you should get it updated immediately.)

Another critical thing you should discuss is your digital assets. If you pay your bills and conduct other financial transactions online, your executor should be able to access your accounts. The only way to ensure that this is possible is if you leave a list of your passwords for all of them.

You should make sure they know about any accounts that have beneficiary designations and that those designations are up to date. Otherwise, someone who is no longer in your life may inherit from those accounts rather than the person you really want the funds to go to.

Finally, you should discuss with your family and other loved ones your end of life care wishes. It’s not a pleasant topic but you should not burden them with having to make decisions which may not agree with what you would have wanted.

This is an important holiday gift that you should give to your loved ones this year.

For more information about making a digital asset inventory and other end of life decisions, go to www.diesmart.com.

5 Legal Documents every caregiver needs

If you think a relative may be at risk of dementia or some other disease that will affect their reasoning ability, there are 5 legal documents you should get that relative to complete while still able to do so. Otherwise, when you become that person’s caregiver, you will need to go to court to apply for guardianship and the right to make decisions on his behalf. That court application will typically take 6 – weeks and cost you thousands of dollars. If another family member contests your application, it will only take more time and cost even more money. Don’t wait too long or it might be too late. Your relative may no longer be competent to make these critical decisions.

The 5 advance directive documents are:

A durable power of attorney – It gives you the right to make financial decisions for that relative. Those can be things like paying bills, selling property and making investments.
A healthcare proxy – This gives you the right to make medical decisions on the incapacitated relative’s behalf. This can include things like what course of treatment to follow, which physician to choose and where treatment should be performed.
A living will – This states the medical treatment the person wants, or doesn’t want, so the decisions have been made before you take over. They include things like whether medical personnel should try resuscitation if the person’s heart stops, whether heroic measures should be taken, whether pain killers should be administered, etc.
A current will – If the person has an old will, it should be reviewed to make sure that it reflects his or her present wishes and circumstances. Perhaps the will was written several years ago and needs to be changed. The will should state what should happen to all assets after he or she is deceased.
You might want to also consider a living trust. A living trust can make it easier for your fiduciaries to manage those assets while following the instructions of an incapacitated or deceased person.

State laws vary so you might want to consult an attorney when preparing these documents. And for more information about advance directives and wills versus trusts, go to www.diesmart.com.

5 ideas to consider when doing estate planning

If you have a spouse and family, you’ll probably leave everything to them. However, if you don’t have a spouse or kids and you’ve been procrastinating doing your estate planning because you’re not sure what to do about all of your stuff, here are 5 ideas you should think about consider. We found them in the Rapid City Journal.

Consider leaving something to close friends, caregivers or anyone else who you are close to.
Think about charities that are meaningful to you. What organizations have goals that match your own?
Think about where a donation could benefit your community. There are places like libraries, volunteer fire departments, arts organizations that would welcome some extra funds. What about giving a piece of art to a hospital or buying a park bench?
Build relationships with people who share your interest in collections of antique, tools or other items. Then you can pass along your collections to people who will appreciate them and remember you.
Don’t wait until you’re gone. Consider donating collections to museums or giving personal possessions that you value but don’t necessarily use to someone who would appreciate them.

For more information about estate planning, go to www.diesmart.com.

Common mistakes when writing a will

Everyone is going to die; that’s a fact. And everyone should have a will. That’s another fact. If you die without a will, the probate court will decide what happens to your assets; you won’t.

My father died about 15 years ago. He left a will he had prepared himself, typed on his old electric typewriter and had a few friends sign as witnesses. I don’t know how he decided what to put in the will and the wording to use. All I know is that after he died, when I tried to probate the will, there were some problems with it and it took a while to get them resolved.

If you don’t want to go to an attorney to have a will prepared that you know will be written properly, you should at least be aware of some common mistakes that you should avoid.

I recently came across a blog on findlaw.com that clearly describes 10 of the most common mistakes. You should definitely read it so you don’t make the same mistakes my dad did.

For further information about wills, trusts, probate and end of life planning go to www.diesmart.com.