Preserving Virtual Legacy

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In the new digital age, photos, home videos and important notes that were once stored in shoe boxes in the attic are now being preserved online. So what happens to those important digital mementos when you’re gone?

LegalZoom thinks it has an answer.

The Glendale online legal document provider has added a section for digital assets to its last wills and testaments so customers can create instructions for what should be done with their online accounts after their death.

“The prevalence of storage in the cloud, and the wide acceptance of Facebook and Twitter made it time for us to take a hard look at these digital assets,” said Chas Rampenthal, LegalZoom’s legal counsel.

Now, when a customer signs up for the company’s $69 last will and testament service, the online software program that generates the document will ask the person to list information about online accounts, including user names and passwords. That can help an executor of an estate deal with the delicate issue of how to handle such accounts.

Facebook, for example, will turn a deceased member’s page into a “memorial,” in which the original user’s content is frozen but friends and family can leave comments. Immediate family members can request an account be deleted, but Facebook requires proof a person has died, such as through a death certificate. However, citing privacy statutes, the site does not give family members the option to edit the page.

Attorney Andrew Katzenstein agreed that the issue of digital assets has become more relevant, but there are few precedents for what should be done after a person’s death.

“It’s something that we’re just starting to think about, but it’s coming up more and more often,” said Katzenstein, a partner at the Century City law firm Proskauer Rose who specializes in estate planning. “I’ve seen people leave money to make sure their Facebook account is maintained while other people have said they want to make sure that nobody has access to their accounts.”

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