Revised Uniform Fiduciary Access to Digital Assets Act: Illinois Provides Guidance on What Happens to Your Digital Assets After Death

Web Admin - Thursday, September 15, 2016
Barrington IL estate planning lawyersDigital assets, such as email accounts, online banking accounts, phone and computer applications, photos stored in cloud accounts, and digital music have been a legal thorn in the sides of families and estate executors. Many loved ones simply overlooked or failed to consider the importance of granting access to these digital accounts in their estate plans, and their executors were left with no form of legal recourse when it came to gaining that access. Others permitted access but failed to keep their information updated, or had their accounts closed upon death. In these instances, too, executors were denied access.

Sadly, this lack of access created numerous problems for estate executors. Final bills went unpaid. Precious family photos were lost. Wishes could not be fulfilled. Illinois has finally stepped in and provide a provision for estate executors. They may now access digital assets, with or without explicit permission, giving them the ability to close out the estate in a timely and efficient manner. However, this new law also has its drawbacks for the deceased. Understand what the Revised Uniform Fiduciary Access to Digital Assets Act means for your estate, and learn what precautions you may want to take.

Why an Executor May Need Access to Your Digital Assets

The executor of your estate – generally a person who is close to you (an adult child, a spouse, a parent, etc.) – is tasked with wrapping up your affairs upon your death. They take care of your final expenses, notify any potential beneficiaries, obtain death certificates, sell any property that is not going to be distributed, and close up all other matters of your estate. At first glance, access to your digital accounts may not seem necessary for completing these tasks, but there may be some “loose ends” that they may need to tie up online. For example, your executor may need to:

- Pay your bills online,

- Obtain phone numbers and/or addresses stored in online accounts,

- Make administrative changes to a blog or social media account,

- Terminate subscriptions that may continue to incur costs,

- Pay or manage insurance premiums, and

- Access online storage accounts to print or transfer important photographs.

How the Act Ensures Executors Have Access to Your Accounts

There are two ways that you can provide easy access to your online digital accounts. You can either use the online tool, which gives you a way to disclose (or not disclose) important account information, or you can provide instructions within your will. You can prohibit access to accounts that you do not wish anyone to access, and you can leave final wishes on how the information will be used. Your executor does not have an “all access” pass. The things they do should still be in your best interest, and they do not receive expanded user rights under the Revised Uniform Fiduciary Access to Digital Assets.

If you do not disclose information to an account, your executor can press the account custodian for access. This is not the optimal option, however. The custodian can grant only partial access, which may leave important assets out of your executor’s reach. Alternatively, your executor may be granted access to an account that you wanted to remain private or undisclosed. For this reason, every person should consider including a digital asset provision in their estate plan. Contact an experienced estate planning lawyer to ensure yours is properly and effectively executed.

Contact Our Barrington, Illinois Estate Planning Lawyers 

When it comes to crafting an estate plan, there are many considerations to make. Your digital assets are just one. The experienced Barrington, Illinois estate planning lawyers at Drost, Gilbert, Andrew & Apicella, LLC provide the knowledge, experience, and insight you need to ensure your wishes are carried out within the guidelines of the law. Get started today by calling 847-934-6000 to schedule your consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Recent Posts


Illinois living will Illinois traffic attorney marijuana Illinois law Barrington medical malpractice lawyers breach of contract Crystal Lake car accident attorney criminal defense Crystal Lake personal injury lawyer bad faith insurance claims Illinois elder law attorney Illinois insurance dispute lawyers fault based insurance Deer Park employment law attorney civil litigation rollover accidents gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Palatine construction attorney real estate leasing real estate zoning rollover car crashes Palatine personal injury lawyer Schaumburg corporate attorney medical marijuana income distribution deducation Illinois estate planning probate lawyer civil litigation attorney Rolling Meadows insurance dispute lawyers work unions Barrington Illinois estate planning lawyer denied insurance claims Des Plaines civil attorney Arlington Heights TBI attorney traffic laws investment property Self-Directed IRA Accounts Buffalo Grove employment lawyer power of attorney for healthcare Barrington attorney Arlington Heights insurance attorney Federal Food Drug and Cosmetic Act Buffalo Grove insurance claim dispute lawyers condo Barrington personal injury attorney Liquor Control Act Chicago insurance law firm brain injury Buffalo Grove criminal defense lawyer Illinois red light cameras Buffalo Grove corporate attorney criminal record Detainer Actions Crystal Lake employment law attorney Barrington Traffic Lawyer Schaumburg personal injury attorney car accidents estate planning for college students pain and suffering crossover accidents Palatine trusts lawyer estate planning trusts cell phone tower data personal injury lawyer controlled substance comparative negligence Buffalo Grove injury lawyer Rolling Meadows tax attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys owner responsibility Crystal Lake injury attorney Illinois employment law Retaliatory Discharge products liability insurance agents murder charges automated cars Illinois wills and trusts Schaumburg personal injury lawyer Des Plaines drug lawyer life insurance insurance agent negligence Buffalo Grove personal injury lawyer mass shooting Palatine corporate attorney eluding a police officer Illinois traffic ticket lawyer personal injury attorney Home Sale Contingencies Barrington estate planning attorney swimming pools Palatine elder law attorney Schaumburg elder law lawyer Chicago will attorney Illinois speeding lawyer trucking accidents Inverness corporate attorney Landlord Tenant Ordinance estate attorney employment lawyer traffic crimes pet law employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Chicago trucking accident attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois traffic accident lawyer Des Plaines DUI attorney Chicago estate planning lawyer wage theft Des Plaines motorcycle accident attorney Palatine business attorney Illinois insurance lawyer ken apicella caretaker rights truck collisions Illinois car accident attorney Illinois Rolling Meadows employment attorney startup company Illinois employee rights attorney. privacy laws agent severance agreements Illinois pet lawyer Palatine traffic lawyer Illinois corporate lawyer Rolling Meadows drug defense attorney fatal car accidents Illinois estate planning attorney Arlington Heights employment law attorneys insurance claim Buffalo Grove real estate attorney Schaumburg probate attorney DGAA Transfer on Death Instrument rest breaks power of attorney Kenilworth estate planning attorneys problem employees involuntary manslaughter Illinois insurance claim dispute lawyer Barrington criminal defense lawyer medical malpractice claims Schaumburg civil litigation attorney digital evidence advance healthcare directive traffic offenses workers compensation distracted driving accident victims Des Plaines Long Grove wills and trusts attorneys revenge porn Home Remodeling Repair Act unfunded trust Illinois bicycle safety fiduciary rule delay dealing with problem employees Rolling Meadows car accident lawyers slip and fall accidents underinsured motorist CAM bicycle dooring accidents Illinois boating accident lawyer medical malpractice compensation landlord tenant law Schaumburg medical malpractice lawyer Arlington Heights traffic attorney Rolling Meadows traffic law firm Rolling Meadows litigation lawyer Rolling Meadows employment law attorney Inverness traffic law firm Des Plaines real estate lawyer Jay Andrew Rolling Meadows insurance dispute lawyers, insurance dispute Arlington Heights lawyer Inverness estate planning lawyer Food and Drug Administration's Food Safety Modernization Act Illinois collections attorney workers comp healthcare Illinois employment lawyer Arlington Heights injury attorney Rolling Meadows medical malpractice lawyers Arlington Heights pedestrian accidents sexual harassment Des Plaines injury law firm expungement Crystal Lake law firm compensatory time Illinois mortgages Deer Park medical malpractice attorney Illinois medical malpractice claim Deer Park criminal attorney Arlington Heights employment attorney personal injury claims financial advisors Illinois home inspection medication errors Des Plaines drug crimes lawyer Crystal Lake traffic attorney trucking accident lawyers internet Illinois job attorney healthcare claims tax attorney forming a corporation in Illinois Barrington business law firm Crystal Lake medical malpractice lawyer personal injury accidents drug crimes lawyer traffic accidents drug crimes uninsured motorist sexual images Illinois estate planning law firm drugs Long Grove estate planning attorney estate planning motorcycle accident lawyer Mt Prospect Attorney insurance denials car accident Palatine employment lawyer Fourth of July Illinois workers compensation lawyer wills and trusts traffic violations Inverness insurance attorney IRS caregiver insurance adjusters living trust benefits trust payments digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Rolling Meadows estate planning attorney Barrington real estate lawyer Des Plaines personal injury attorney comp time distracted driving accidents employee rights car accident lawyers Chicago lawyer Rolling Meadows criminal lawyer insurance dispute attorney Palatine corporate law attorneys traffic deaths rent to own real estate contracts GM ignition switches senior citizens motorcycle accident Chicago car accident lawyer slip and fall blood alcohol content mortgage Illinois trusts attorney Des Plaines criminal attorney back injuries construction contracts blended families IRELA probate claims process Buffalo Grove traffic attorney FSLA real estate jet ski disability benefits Illinois wills and trusts attorneys LLCs Crystal Lake pet attorney Buffalo Grove personal injury attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Crystal Lake medical malpractice attorneys Illinois LLC creation low-ball insurance settlement loopholes Illinois insurance claim dispute lawyers Illinois workers compensation attorney trustee Illinois tax attorney real estate contract real estate attorney TBI insurance claim dispute Illinois real estate Mount Prospect elder law attorney BUI Des Plaines insurance attorney contracts license reinstatement DUI federal regulations for LLCs Barrington boating accident attorney Schaumburg traffic lawyer Illinois pedestrian accident attorney Schaumburg estate planning lawyer Buffalo Grove car accident lawyer insurance dispute Illinois attorney elder law South Barrington real estate attorney estate tax Buffalo Grove medical malpractice lawyers Colin Gilbert POA estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, business litigation dynasty trusts drunk driving statistics operating agreements Illinois civil litigation lawyer BAIID Illinois personal injury lawyers pedestrian accidents Crystal Lake bike accident lawyer Inverness DUI lawyer Barrington litigation attorney Schaumburg employment attorney car crash injuries employment contract real estate lawyer Chicago corporate attorney Illinois Human Rights Act Palatine employment attorney Illinois jet ski accident lawyer Des Plaines claims law firm Illinois business lawyer landlord Rolling Meadows traffic attorney employment law Schaumburg car crash Des Plaines pet law attorney employment attorney meal breaks Kenilworth estate planning attorney new real estate form personal injury claim overtime pay Palatine punch death Rolling Meadows probate lawyer Thanksgiving insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Barrington workers compensation attorney Illinois registered agent civil rights violation license car crashes sole proprietorship Des Plaines personal injury lawyers unpaid overtime privacy Illinois lawyer Palatine estate planning lawyer Illinois insurance claims lawyers Arlington Heights wills and trusts attorneys Illinois Wage Payment and Collection Act Palatine civil attorney Crystal Lake car accident lawyer personal injury life insurance lawyer first degree murder institutional trustee Illinois Workers’ Compensation Commission Rolling Meadows criminal attorney Rolling Meadows Arlington Heights trucking lawyer bike accident car accident lawyer premises liability defective products insurance claim denial Schaumburg wrongful death attorney Arlington Heights medical malpractice lawyer probate fees defective products lawyer Arlington Heights personal injury attorney nursing home negligence auto accidents traffic violations defense estate planning attorney Illinois traffic laws child safety driving insurance claim dispute attorney golf accidents unpaid assessment Schaumburg criminal attorney Barrington employment law firm Barrington employment law attorney employees pregnant women pizza emoji Deer Park traffic accident attorney Schaumburg real estate lawyer Deer Park DUI lawyer Crystal Lake business law attorneys Inverness probate lawyer corporate law Deer Park real estate law firm Illinois Sales Representative Act Illinois insurance attorney estate planning lawyer Class A misdemeanor preventable medical errors PTSD home inspection lawyer boating accidents Buffalo Grove traffic lawyers Illinois real estate lawyer traffic tickets right to work Illinois Probate Act of 1975 Deer Park personal injury lawyer Barrington estate planning lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Chicago biking tips health insurance dispute Illinois motorcycle accident lawyer texting and driving Palatine Attorney medical research Illinois small business Rolling Meadows Traffic Lawyer suspended license Colin H. Gilbert Schaumburg Attorney Illinois medical malpractice lawyers Inverness civil lawyer Super Mario Deer Park traffic lawyer personal injury law firm consent to a search Crystal Lake insurance lawyer Chicago insurance claim attorneys condo association insurance negligence Crystal Lake medical malpractice law firm Barrington civil litigation attorney Illinois injury lawyer Des Plaines Traffic Lawyer Rolling Meadows boating crash lawyer deadly crashes Buffalo Grove probate lawyer Legal Info Illinois Smoke Detector Act Palatine law firm employee discrimination head on collisions jet ski accidents installment contracts Policy Cancellation Arlington Heights wills and trusts attorney icy parking lots Illinois workplace lawyer South Barrington real estate lawyer ObamaCare hiring employees vacation home DUI penalities commercial real estate Crystal Lake estate planning lawyer Chicago attorney Schaumburg construction accident lawyer Illinois rollover accident lawyers trusts IRA trust transfer drunk driving Rolling Meadows employment law attorneys Employment Discrimination Law Schaumburg employment law attorneys living wills School Visitation Rights Act Mount Prospect wills and trusts lawyers Rolling Meadows personal injury lawyer Crystal Lake employment attorney denial of life insurance Deer Park motorcycle accident lawyer pet bites Inverness personal injury attorney Des Plaines personal injury lawyer Rolling Meadows corporate lawyer wrongful termination job lawyers cell phone employment law, Illinois employment laws Crystal Lake civil litigation lawyer Arlington Heights criminal lawyer Schaumburg injury lawyer insurance attorney liens overtime violations Palatine workers compensation lawyer Illinois traffic attorneys Chicago employment lawyer accidental death benefits Crystal Lake will lawyer surgical mistakes Rolling Meadows personal injury lawyers Schaumburg drug defense lawyer Inverness real estate attorney rumble strips Illinois employment law firm commercial leases manufacturing Illinois DUI attorney DUI defense construction accidents Arlington Heights car accident lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation murder Illinois defective products attorney real estate attorneys Illinois probate lawyer clemency Crystal Lake pedestrian accident lawyer denied insurance claim Crystal Lake tax lawyer modern family estate planning employee misclassification dog bites Des Plaines collections attorney Joliet general practice lawyers Palatine traffic accidents residential real estate car collision preventing accidents Chicago estate planning Illinois insurance claim attorney Illinois driving without license Chicago employment attorney Arlington Heights wills and trusts lawyer insurance claims subcontractor Rolling Meadows real estate attorney Rolling Meadows insurance lawyer Arlington Heights estate planning attorney Barrington criminal lawyer workers compensation benefits Affordable Care Act Arlington Heights accident attorney Illinois wrongful termination lawyer foreclosure Palatine probate lawyer Des Plaines tax law firm criminal Illinois personal injury lawyer Des Plaines real estate attorney loss of consortium traumatic brain injury Illinois medical malpractice case insurance claim denials Illinois will lawyer Inverness accident lawyer Rolling Meadows accident lawyer Crystal Lake personal injury attorney Illinois employment law attorneys Barrington injury attorney Barrington personal injury lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, Des Plaines accident attorney Schaumburg insurance lawyers FMLA changes to mortgage law wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Arlington Heights wills and trusts lawyers Long Grove estate planning marijuana crimes attorney boating DUI Inverness injury lawyer holiday statistics probate process Illinois employment attorneys Palatine civil litigation lawyer anesthesia errors Crystal lake insurance dispute attorney real estate closing DUI attorney in terrorem provision life insurance claims field sobriety test college kids liability claims wills Crystal Lake traffic lawyer workplace sexual harassment Palatine criminal defense lawyer trauma after an accident federal crimes life insurance policy Arlington Heights Traffic Lawyer creditors probate DMV Exclusions Rolling Meadows DUI lawyer no contest clauses Inverness elder law lawyer digital assets hit and run accident commercial leasing probate claims Illinois trucking safety Attorney Ken Apicella Illinois personal injury attorney Arlington Heights car crash attorneys Palatine drug lawyer license revocation Schaumburg personal injury lawyers personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys traumatic brain injuries spinal cord injuries attorney fees Schaumburg estate attorney Long Grove real estate lawyer texting while driving product liability dram shop law Palatine insurance lawyer trench injuries Long Grove estate planning attorneys Palatine injury attorney criminal law Illinois criminal defense attorney Deer Park workers compensation lawyer unauthorized overtime Illinois Transfer on Death Instrument bicycle accidents Crystal Lake criminal defense attorney Arlington Heights tax lawyer Mount Prospect real estate lawyer pedestrian accident speeding Inverness real estate lawyer gift taxes filing a medical malpractice claim wrongful death Barrington drug crime attorney license suspension Palatine employment law lawyer spinal cord injury Rolling Meadows insurance attorney Palatine real estate lawyer cell phone accidents Chicago traffic lawyer paid sick leave IRA benefits underage DUI Illinois workplace discrimination attorney drug possession breathalyzer test insurance denial appeals Crystal Lake employment lawyer Illinois construction accident attorney llinois Real Estate Lawyers Association insurance disputes Arlington Heights Attorney Illinois personal injury Schaumburg criminal law attorney Riverwoods estate planning lawyer Whistleblower Claims Rolling Meadows marijuana attorney living trust deed transfer BAC Illinois employment laws murder defense Barrington employment attorney Illinois medical malpractice attorney minimum wage Do Not Resuscitate appealing an insurance claim Fair Labor Standards Act pedestrian-automobile accident small business ACA boating under the influence social media after death Rolling Meadows business lawyer pedestrian injuries, pedestrian fatality independent contractor hands free device Rolling Meadows personal injury attorney irrevocable trust insurance claim delay Arlington Heights real estate lawyer food poisoning Illinois employment law attorney Illinois business law atorneys natural gas explosion estate plan natural gas living trust vs will digital information foreclosed rental property Deer Park accident attorney Schaumburg car accident attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers underfunded trust Illinois insurance disputes DNR reckless homicide Forcible Entry Crystal Lake accident attorney Kenilworth estate planning lawyer medical malpractice whistleblower protections pay when paid contract homestead rights Arlington Heights personal injury lawyer Family Medical Leave Act guardianship attorney Des Plaines medical malpractice attorney Buffalo Grove law firm vacation home fines taxes Schaumburg estate planning attorney special needs trust elder abuse Rolling Meadows Attorney liability fiduciary rule Long Grove real estate attorney drug crime capital gains tax