With the growth of social media and cloud computing, the contents of digital accounts are becoming significant assets. Until the enactment of the Fiduciary Access to Digital Assets Act, courts in Michigan and technology companies were frequently at a loss as to how to grant access to these assets.
What The Michigan Fiduciary Access To Digital Assets Act Does
In recognition of the need to clarify ownership issues regarding digital assets, the Michigan Legislature enacted the Fiduciary Access to Digital Assets Act, which goes into effect in June 2016. This act will make it easier for personal representatives to gain access to digital assets during the probate process, such as:
- Website content
- Intellectual property contained on digital accounts
- Customer loyalty accounts
- Content contained in social media such as Facebook and Instagram
- Digital photographs, movies and documents
Attorney Howard H. Collens played a key role in enacting the final bill that became the Fiduciary Access to Digital Assets Act. Mr. Collens understands the implications of the act for probate and estate planning and litigation involving digital assets, and can put his knowledge to work for you.
The Michigan Fiduciary Access to Digital Assets Act puts control of digital assets in your hands. It allows you to designate who will be able to access your digital assets and what action should be taken with them. Your fiduciary may be directed to share, archive, retain or delete those important aspects of your online presence.
Digital asset estate planning — Our firm can take the worry and uncertainty out of planning for the distribution of digital assets in the event of death or disability. We can also help you minimize the need to probate these kinds of assets. This can give you peace of mind and assurance that your wishes regarding the distribution of digital assets will be carried out.
Litigation involving digital assets — When questions arise concerning ownership of digital assets, Galloway and Collens, PLLC, will vigorously represent you.