Family: Keeping track of a departed loved one’s digital legacy

Family: Keeping track of a departed loved one’s digital legacy

At one time we might have treasured a departed loved one’s voice on a recording, or their image on an old video, but now their digital footprint is scattered.

When a loved one dies, what becomes of that digital legacy? Like most Americans, our loved ones will most likely access more than two dozen password-protected sites on different computers and smartphones, storing and sharing the vulnerable, mundane and whimsical details of life while connecting with family and friends.

Your Digital Legacy

Your Digital Legacy

This week saw the passing of one of our VA colleagues and it got me thinking… what do you do with your digital footprint once you’ve passed?

We hear a lot in business about risk management, succession planning,

ensuring your partner has access to your passwords, insurance policies and so on. Some businesses even write a plan for what to do in the event of illness or accident. But how many of those actually include information about what to do with your online presence – your website, Facebook, Twitter, LinkedIn, Google+, Pinterest – the list is endless!

It seems like I wasn’t the only one thinking about this. Recently the Courier Mail/Sunday Mail ran an article about just this topic.

Your social media accounts store years of memories, pictures, data and activities. So it seems that now, lawyers are advising people to think about including a clause in their Will about what should be done with social media accounts on their demise.

Facebook’s policy is that a profile can be deleted at the request of an immediate family member or memorialised so that others can post tributes to them on the Wall. You can see more info about this at the Facebook Blog. Similarly, immediate family members or a person authorised to act on behalf of the user’s Estate can deactivate the person’s Twitter account.

Make a list of all your online accounts and notify your Executor or partner of those. You might keep this list (together with access passwords) with your Will at your lawyer’s office. At the very least let your partner know where they can find them. They’ll have enough to deal with in the event of your death without having to try and remember every online space you have inhabited during your life.

The same applies to your website – include information about who is hosting the site, contact details; the domain name registry; domain expiry information etc so that your family can get in touch with the right people with the least amount of fuss.

If you haven’t thought about it before, now might be the time – before something happens or you fall ill. It’s something none of us like to think about but, as the saying goes, none of us are getting out of this alive, so making things as easy as possible for those left behind should be your focus.

Do you have any ideas for helping your family sort out your digital legacy? Share them below!

Google Searching for Answers to Digital Legacy Problems

The digital legacy that a deceased person leaves behind has been a much-talked-about subject in the estates world in recent years.  See, for example, blogs on the subject by Moira VisoiuSaman Jaffery or Nadia Harasymowycz.  There’s a March Hull on Estates podcast about this, and another from July 2011.

While there have been some legislative and judicial developments in some jurisdictions (see Nebraska’s Bill 783 for an example), it has largely been left to private industry to resolve the problems created when a person passes away leaving a large digital footprint behind.

Fortunately, Google has stepped up to the plate and introduced a new policy to resolve this issue with respect to its services.  Google’s new Inactive Account Manager feature takes leaps forward towards resolving digital legacy issues.

Called a “digital will” by some media sources including the Toronto Star, the Inactive Account Manager allows users to manage what happens to their Google-related digital assets on death, or on prolonged account inactivity.  Users may set a period of time of inactivity (three, six, nine, or twelve months), after which Google will delete their data.  Before anything is deleted, Google will notify you by email or by text message to your cell phone.  If users would prefer that their data be preserved, there is an option to have some or all of it sent to trusted contacts.  The services to which the service applies include +1s, Blogger, Contacts and Circles, Drive, Gmail, Google+ Profiles, Pages and Streams, Picasa Web Albums, Google Voice, and Youtube.

This service is a clever and easy to use way to manage digital assets.  It does raise a number of questions, however.  How does this policy interact with legislation and case law about digital assets in jurisdictions that have these policies?  Will Facebook, or other online services follow suit and prepare similar policies?  Does an estate trustee under a will in Ontario have the authority (or the responsibility) to collect your digital assets from the person named on your Inactive Account Manager?

Perhaps the answers to these questions will become clear with time.  In the interim, it appears that we are left with a patchwork of policies created by different online service providers with different intentions and different philosophies.  Consider, for example, _LIVESON, a service that analyzes a user’s Twitter habits and generates automated tweets for him or her after death.  Control is placed in the hands of an “executor” who manages your _LIVESON “will”.  Although somewhat eerie, this is an interesting way to ensure that a person’s online presence not only persists after death, but continues to develop and grow.

If you are a Google user, it may be worth checking out the Inactive Account Manager and configuring your settings.  The photos, blogs, friends and videos left behind on a user’s death may mean a lot to grieving loved ones.

When updating an estate plan, digital assets are an important aspect to consider.  Lawyers should be cognizant of the issues surrounding digital legacies, and should discuss them with their clients.  People planning their wills should think about the intangibles they leave behind as well.  And if you aren’t sure where to find this information, try Google.

Clear rules needed for managing digital afterlife

Do an online cartography

First of all, you can use the checklist provided in the bonus part of this ebook. The list is obviously non exhaustive, and your specific interests may not be covered there. However, feel free to use it to map a first version of your digital footprint.

Another thing is that with different personalities, you may have more than one account for each service provider. Your professional twitter account can be different from your personal. be sure that your different lives do not overlap one another. It can be professional, personal, … you may want to respect the privacy of different alter egos even after your departure.

Ok, you have used the list. There’s another way to check the accounts you have, but may have forgotten. You know, the digital cluster you do have spread everywhere online. A simple way to identify the clutter you have forgotten (remember those accounts and goods, it may be a good idea to think of the pertinence of keeping them online) is to go to your favorite search engine, and to locate your email,

With only this step of listing your accounts with passwords, you can take less than an hour to avoid lots of frustration and questions for your beneficiaries. And I’m not talking about the hassle of going to the tribunal to get the documents to grant the access to your accounts, depending on the service providers policies. The more technology develops, the more services are going to be used. It means that both assets and accounts will grow in numbers and size.