Fiduciary Access to Digital Assets and Digital Accounts Act

Delaware Fiduciary Litigation Blog

Posted August 20, 2014

Last week, Gov. Jack Markell signed into law the Fiduciary Access to Digital Assets and Digital Accounts Act, which gives personal representatives, guardians, power of attorney, trustees, or any other fiduciary entrusted to exercise authority over digital assets or digital accounts access to transfer, copy, or destroy a digital asset or digital account.

This law—the first of its kind in the US—allows your loved ones to take control and delete all your social media accounts after you die. Before this law was enacted, that power to delete your social media account was held by companies (i.e. Facebook, Twitter, LinkedIn, etc.).  And according to Gizmodo, before this law was enacted, it was impossible for your loved ones to inherit your iTunes music collection in the same way that you would inherit a record collection. Thanks to this law, it is now possible to do that in Delaware.

Author(s)

Phillip Giordano
Associate
Gordon, Fournaris & Mammarella, P.A.
William M. Kelleher, Director
Director
Gordon, Fournaris & Mammarella, P.A.