Articles Posted in Digital Assets

After a person dies, it may be necessary to administer his estate.  Of course, the creation of comprehensive estate planning can facilitate post-death matters.  A complete estate plan may include a Last Will and Testament, Living Will, Health Care Proxy, Durable Power of Attorney, and a Living Trust.  The New York Probate Lawyer Blog contains many articles concerning estate planning and estate settlement.

A decedent’s assets may be comprised of items which are held in a decedent’s name and which pass under a Will.  Other assets such as life insurance or retirement accounts can have designated beneficiaries.  Still other assets such as joint accounts, may pass to a surviving owner automatically upon death.  In all of these situations, it will be necessary for an executor or administrator or beneficiary to locate and ascertain the assets in which a decedent held an interest at the time of death.

Finalizing and collecting a decedent’s assets may, at times, be very difficult.  If a survivor or a fiduciary has access to a decedent’s financial records, such as bank or brokerage statements, the job to determine assets may be simplified.  Additionally, asset information may be obtained by examining a decedent’s tax returns.  As to real estate, there may be internet listings or access to the locally filed real estate records.  In New York City, real estate records can be accessed through the ACRIS (Automated City Register Information System) online search system.  Mail delivered to a decedent’s residence may also be a source for asset information.

The administration of a New York estate requires that the decedent’s assets be identified and collected.  In most cases the marshaling of estate assets is not complicated.  An Executor or Administrator often collects funds from bank accounts, brokerage accounts, retirement accounts and life insurance.  Typically, there are forms to be completed and the asset is paid to the fiduciary.

However, today, many assets and the information regarding assets, along with a decedent’s affairs, only exists or is stored in a digital format.  Unlike traditional items belonging to a decedent that can be discovered by looking through a decedent’s papers or mail, these digital assets are only found in electronic form.  As a result, an estate representative is faced with the difficult task of discovering and then accessing this material.  It is even more daunting to obtain such information when pass-words are unknown and the custodian of the information, such as an internet company like Google, Facebook, Apple or other on-line services, maintain strict privacy policies.

Such was the problem in a Westchester Estate that was faced by parents when their 24 year old son died unexpectantly.  After the son’s death, without a Will, the parents were appointed as Administrators of his estate.  They attempted to obtain formation from Apple that was contained in their son’s iPhone.  Unfortunately, the parents did not have the passcode to access any of the data.  After contacting Apple, they were advised among other requirements, that a Court Order would be needed to obtain the information, some of which may have been stored in iCloud back-up.