There have been several New York decisions addressing the evolving issue of access to a decedent’s digital assets since our last post on the subject one year ago. Our latest post provides an update as to the state of the law in this area.
Continue Reading The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?
In 2016, the New York Legislature enacted a version of the Uniform Law Commission’s Revised Uniform Fiduciary Access to Digital Assets Act in Article 13-A (“Article 13-A”) of the Estates, Powers and Trusts Law (“EPTL”). As illustrated by two recently decided New York Surrogate Court cases, and as previously discussed on this blog (You’ve
E-mail is seemingly omnipresent. Yet, the improvements to the technology associated with e-mail have far outpaced the development of the law concerning our e-mail accounts and the rights that our survivors may have to access those accounts upon our deaths. In this post, Robert Harper addresses New York’s recently-enacted digital assets legislation, as well as Surrogate Mella’s decision in Matter of Serrano, which appears to be the first reported case to apply that legislation.
Continue Reading You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?