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Death & Your Digital Footprint

1/4/2018

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Most of us have a large digital footprint: from email accounts to content that we have created, music library, assets on the cloud and social media accounts. Law is not yet up to date on this topic,

Wondering what’s going to happen to your cloud account or photos you’ve had stored in different virtual assets when you’re no longer around?


Here Is What we found:
1.  You’re Living Two Lives, Add The Digital One to Your Will.
There are two main things to consider: What will happen to your accounts and what will happen to the data contained therein. For example, you can give someone authority to delete your Google account and to download all your photos stored there after you die. You need to plan what’s going to happen to your digital life, such as having it deleted or having access to accounts transferred to family members — and then clearly spell out your intentions in your will.

2.  Music & Streaming Services: They’re Gone With You.
This subject is a particularly tricky one. Your iTunes or Spotify music is basically a license and, an agreement between you and Apple, so it dies with you. Purchasing and downloading a song from iTunes or a book to your Kindle doesn’t give you the legal right to pass those things on to your heirs.
Meaning, you don’t really own it.

If the media is stored as unencrypted data on a local machine which your beneficiaries have access to, they may be able to take physical possession of your music or movies, but legally, it could be considered pirated material.

3.  Keep Personal Data Private.
You might want to ensure private information remains private after your passing on, or perhaps make it possible for those left behind to benefit from digital assets with value, either tangible or sentimental. Your data is yours, and you allow companies to use it. What’s happening to it after you pass? The most convenient way to deal with this is to choose an executor that makes sure your data is safe and remains private.

•  A part of estate planning, you should set up a data executor in your will that has permission to access your account. Either give them the password ahead of time or make them an authorized user of your accounts.

•  Sometimes is good to go old school, keep a shared folder with your spouse/loved one containing basic data.  Keeping these records will facilitate the process of taking care of your digital legacy.

•  Also included a social media addendum to your will. Yes, it’s a grim subject but, the internet is forever, so you are protecting your life’s work by planning. Unless you want your selfies to spook people when you pass.

Ready to start your estate planning? Have questions?  it’s never too early to plan and give peace of mind to your family.

Please Feel Free To Contact Our Office for a Free Consultation.
Ryan K McFarland  •  attorneymcfarland@gmail.com  •  1 (931) 919-4376
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    Ryan K. McFarland
    Criminal Defense Attorney
    Clarksville, Tennessee

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