Designating a personal representative or executors to handle your estate may not be so easy with technological advancements in communication. That means financial advisors are faced with new documentation and privacy issues when working on their clients’ behalf.

The Stored Communications Act is a new avenue for financial advisors to consider when deliberating over requests from a written will. E-mail, social media and online accounts have become vital windows into the minds of loved ones. Take the case presented in the Massachusetts Supreme Judicial Court in the case of Ajemian vs. Yahoo.

In that case, John Ajemian died without a will. His personal representatives had access to his e-mail with the intent of acquiring personal contacts to inform them of his death. However, his personally appointed representatives faced a problem. Because of the Stored Communications Act and Yahoo’s terms of service agreement, the representatives were only permitted to gather e-mail addresses, but could not access his private e-mails.

The law allows Yahoo to share the contents of a decedent’s e-mail account based solely on the personal representatives’ consent, but that was not enough in this case. According to Yahoo’s terms of service, third-party access was not permitted.

This case points out the necessity for a personal financial advisor to seek all sources of communication in which possible estate planning documentation has been created. The multiple forms of helpful documentation include e-mails, social media accounts and bank account statements. Shared passwords or joint e-mail accounts may be solutions for families seeking access for emergencies or death.

Today’s paper trail, in other words, is now a digital footprint.

While the case exposes an emerging need to clarify the Stored Communication Act, more cases will follow as technology advances. Other cases have resulted in decisions recognizing the courts’ authority to require parties to give consent to service providers to disclose digital communications in pertinent situations.