Another issue involves terms of service agreements clients may have entered into with individual providers by clicking “I agree”—often without reading the stipulations—when opening an account. These usually govern what happens to an account when the owner dies. Klein noted that some agreements say that the account terminates on death and all the data is deleted.
If a client has an agreement like that and wants benefactors to have access to the accounts after death, she said, he should name someone an authorized account user in his will. This will help avoid conflicts with federal and state laws that prohibit unauthorized access to computers.
There has been a flurry of state statutory proposals addressing this issue, Klein said.
Two bills under consideration in the New York State Legislature cover only an executor’s ability to access social networking and e-mail accounts. A third one provides for access and control over a wide range of digital property by personal representatives, trustees, conservators or agents acting under a power of attorney.
Some digital assets, such as a domain name or a blog with advertising on it, could have significant value, Klein said. These can be included in a will as part of personal property, just like a car collection, for example.
“Clarification is always a good thing,” she said.