DGAA bLAWg

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.


Source:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3728&ChapterID=60






Recent Posts


Tags

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

Archive