• Mallory Law Office

Uniform Fiduciary Access to Digital Assets Act Approved

Several months ago, a previous post discussed the important issue of what happens to someone’s online accounts after their death.  Last week, the Uniform Law Commission approved model legislation to address this growing problem.

From the Uniform Law Commission’s news release:

The Uniform Fiduciary Access to Digital Assets Act solves the problem using the concept of “media neutrality.”  If a fiduciary would have access to a tangible asset, that fiduciary will also have access to a similar type of digital asset.  UFADAA governs four common types of fiduciaries: personal representatives of a deceased person’s estate; guardians or conservators of a protected person’s estate; agents under a power of attorney; and trustees. 

UFADAA defers to an account holder’s privacy choices as expressed in a document (such as a will or trust), or online by an affirmative act separate from the general terms-of-service agreement.  Therefore, an account holder’s desire to keep certain assets private will be honored under UFADAA. 

The draft legislation — which gives the deceased’s representative access to the accounts unless a will, court order, or law provides otherwise — would only become effective if adopted by a state’s legislature.

#estateplanning #lawpracticemanagement

0 views0 comments

Recent Posts

See All

Health Information Privacy After Death

If you’ve ever visited a physician’s office, you are aware of the federal HIPPA (Health Insurance Portability and Accountability Act) regulations, which protect the privacy of personally identifiable

Protecting Yourself from Online Fraud

Over the last several weeks, our office has received numerous calls from victims of a fraudulent email scam.  The email purports to originate from an attorney at our address and falsely promises to pr

iPhones and Overtime

According to a recent Pew Research study, 55% of American adults have a smartphone and 63% of cell phone users use their phone to go online. The growth of smartphone usage has made it easier – and mor

mallory-logo.png

Mallory Law Office practices in the areas of real estate, business transactions, commercial litigation, and estate planning. We value every client relationship, and our aspiration is to become your trusted advisors.

Copyright © 2021 Mallory Law Office, LLC. All Rights Reserved.

Practice Areas

Our Firm

Connect

Address: 720 E Broad St # 202, Columbus, OH 43215

Email: info@mallorylawoffice.com

Phone: (614) 488-1600