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

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

Archive