Where There’s a Will, There’s a Way: Accessing Your Digital Assets

Thursday, May 4th, 2017     by Debra DuPree Williams     Start the Conversation



                                                                                  

by Debra DuPree Williams @DDuPreeWilliams


My husband and I just moved to Florida. We had to revise our wills to be in compliance with Florida laws. One of the things that came up was this question, “In the event of my death, or if I should become incapacitated, what happens to all the things I have written that are on my computer, thumb drives, external hard drive, etc.?” I had no idea and frankly, hadn’t given it a lot of thought. I had read an article in my SCBWI newsletter back in the summer of 2015, but I had long since all but forgotten about it. This article is a great one for writers. It covers everything from agreements, royalty payments, to the good old IRS.

It’s one of those things we don’t like to think about, but eventually, we are all going to die. It’s just a matter of when. None of us is promised today, let alone tomorrow. What have you done to prepare for that day?

I’m not talking about your relationship with Jesus, although I pray that you have chosen to be a  
follower of the Way. I’m talking about all those things you have stored on your computer or your cell phone, or the cloud. Not just your written work, but family photos, your music library, your social media accounts, and if you are like me, all those genealogy files. I cannot imagine all that research being left to chance.

I’m not going to get super technical with you, but I am going to tell you that if you haven’t thought about this aspect of your life, then you need to do so. This is too big a deal to try to handle it yourself. Find a good attorney who understands the laws, in your state, which govern these things.

The law varies from state to state. I suggest you do a search for “Who has fiduciary access to my digital assets?” That is what I did.

Access Granted
Photo by JanBaby via Pixabay

The day we went to sign our wills, they already knew what I wanted and who my fiduciaries are. By the way, a fiduciary is that person to whom you have given the Power of Attorney, or named as the Executor/Executrix of your will, or even a Trustee of your estate.


From what I read, back in the eighties when computers were becoming common in the workplace and in homes, the laws governing such were fairly limited if they existed at all. In 1986 Congress passed a law dealing with things stored on computers, the Stored Communications Act (SCA). It was part of the ECPA or Electronic Communications Privacy Act. As I said, I’m no attorney, so all of this legalese is out of my scope of understanding.

If you live in Florida, congratulations! Our state passed a law that went into effect in July of 2016, granting your fiduciaries access to your digital assets. So, when I leave this earth, my husband or my children will be able to gain access to my files, no matter where they are stored.

Who will have access to your digital files upon your passing? Have you left instructions regarding the things you’ve worked on so long and so hard? Leave your comments in the space below.

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