After stepping into the role of executor, you are ready to handle your loved one’s house, car and other assets. However, your responsibilities do not stop there. You must also manage their digital legacy, from social media accounts to cryptocurrencies.
Your rights under the RUFADAA
Ohio governs digital assets through the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This gives you, as the legally appointed fiduciary, a clear path to manage the decedent’s digital property.
However, under Ohio law, you can only access a catalogue of communication. The law prohibits you from accessing the content of electronic communications unless the decedent explicitly consented.
What you can and cannot do as an executor
Managing assets under RUFADAA follows a specific legal hierarchy, which means you cannot simply log into the decedent’s accounts using their passwords. You must identify the priority of instructions:
- Online tools: If the decedent used an online platform’s built-in tools, these override the existing will. However, this only applies if the website lets you change or delete an emergency contact whenever you want.
- Legal documents: If the decedent did not use any tool, check the will to identify whether the decedent granted you power over digital assets.
- Terms of service: If no online tool or will exists, the custodian’s Terms of Service agreement applies. However, RUFADAA provides a statutory fallback that allows fiduciaries to request a catalogue of assets even if the service agreement is silent.
Given the intricacies of the matter, it is important to exercise caution before taking action.
Addressing digital assets with help
The intersection of technology and probate law is moving faster than most court forms can keep up with. As you manage your loved one’s estate, the technicalities of digital disclosure can become overwhelming. To ensure you meet your fiduciary duties while protecting your family’s privacy, it is often wise to consult with a probate attorney who understands the nuances of Ohio’s digital asset statutes.
