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The dusty, yellowing binder that holds your aging Will is sitting on your bookshelf or in a fireproof safe. Your eyes occasionally pass over it as you look for something else and you wonder “What do those documents even say?” before you move on to more pressing matters. To honor National Estate Planning Awareness Week, Paley Rothman is giving you 5 reasons to pull that dusty binder off your shelf and take a look.
With the continued proliferation of Facebook, Twitter, Instagram and other websites, as well as the use of other digital tools and devices, how does someone without access to a hacker find out if their spouse has strayed and secure that information without going to jail?
Upon a person’s death, he or she would expect the Personal Representative (i.e. Executor) named in the Will to gain access to his or her bank accounts and private financial information. The law is not so clear with respect to the authority which may be granted to a Personal Representative or other fiduciary over digital accounts.