Archives for Prof. Dan Hoops

Digital Asset Form Example

NOTE:  THE VALIDITY OF THE FOLLOWING PROVISIONS MAY NOT BE RECOGNIZED BY AS VALID UNDER YOUR STATE LAW OR BY A PROBATE COURT JUDGE.  YOU SHOULD CONSULT WITH AN ATTORNEY WITHIN YOUR STATE BEFORE ATTEMPTING TO USE THESE FORMS AS A VALID APPOINTMENT OF A DIGITAL ADMINISTRATOR.

FURTHERMORE, YOU SHOULD NOTE THAT THESE FORMS COULD BE IN DIRECT VIOLATION OF THE TERMS OF SERVICE YOU ARE BOUND WHICH COULD RESULT IN THE TERMINATION OF YOUR ACCOUNT AND REMOVAL OF ANY DATA UPLOADED TO YOUR ACCOUNT WITH REGARD TO EACH INTERNET SERVICE PROVIDER YOU ARE A SUBSCRIBER.  YOU SHOULD CONSULT WITH AN ATTORNEY BEFORE ATTEMPTING TO TRANSFER OR AUTHORIZE ACCESS TO ANY OF YOUR INTERNET SERVICE ACCOUNTS.

 

[Incorporate this Article within your existing will]

Article _______

Appointment of Digital Administrator within Will

            I nominate John J. Representative as my digital administrator.  If John J. Representative is unable or unwilling to act as my digital administrator, I nominate Susie Q. Representative as my digital administrator.  If both John J. Representative and Susie Q. Representative are unable or unwilling to act as my digital administrator, my then acting Personal Representative shall have the limited authority to access my primary personal email account …


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Estate Planning with Digital Assets

Planning Your Digital Estate:

Is your legacy lost in cyberspace?

Daniel S. Hoops, J.D., LL.M.*

 

I.          Introduction

II.        Planning the Disposition of an Estate

A.        What are digital assets?

B.        Administering an Estate

III.       Existing Laws neither Preserve nor Encourage Preservation of Digital Assets

A.        Generally

B.        Property Rights

C.        Contractual Rights

D.        Uniform Probate Code (“UPC”)

E.         Federal Transfer Taxes

IV.       Estate Planning under Service Provider Terms of Service

A.        Rights Effected by Terms of Service

B.        Rights of Deceased Users

V.        Estate Planning for Digital Legacies under Current Law

A.        Prepare a Separate Writing Related to Digital Assets

B.        Appointment of a Digital Administrator

VI.       Proposed Standardization of Internet Terms of Service

A.        Overview

B.        Recommended Terms of Service

VII.      Proposed Changes to United States Law to Manage a Digital Legacy

A.        Federal Law

B.        State Law

VIII.    Conclusion

 

 

I.          INTRODUCTION

 

After death, who controls the digital legacy for users of service providers like Facebook and Twitter?

This simple question prompted the research contained in this article and will hopefully continue the conversation[1] about whether laws should be updated for email, social media and blog users to advance plan their digital estates.…


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