Two Young Women in Front of the Computer Talking

If you die unexpectedly, should your “digital assets” like text messages, e-mail and photos die with you?

One cold night in December 2013, Jake Anderson left a party near the University of Minnesota campus and was inexplicably later found frozen to death in his car. The medical examiner ruled the death accidental, so there is no criminal investigation and the case was closed.

Anderson’s parents, on the other hand, are not sure and would like to know more about their son’s last night. They believe information might be found on his password-protected cell phone. However, even though the phone is in the parents’ name, they are not allowed to access it without a search warrant.

KTSP has more on the story in an article titled Family Fights to Access Late Son’s Digital Data.”

This is a common problem for many families who want to view digital data of deceased relatives. They are unable to do so without approval of the courts, which can be difficult to obtain.

For their part, the Andersons are lobbying the Minnesota legislature to change the law, allowing account holders or a personal representative of the deceased, like an executor of a will or surviving beneficiary, to get access as long as the deceased doesn’t prohibit access in their will. Some state legislatures have passed laws making access easier. However, others are concerned about honoring the privacy of the deceased.

Digital assets are becoming an increasingly important part of our lives. Make a plan now to share those assets appropriately with those who may need it. For guidance and to make your plans legally binding, consult with an estate planning attorney.

Reference: KSTP (January 20, 2015) “Family Fights to Access Late Son’s Digital Data.”

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.