Attorney Howard Collens presented the most recent updates on Michigan’s new Fiduciary Access to Digital Assets Act. Now is the perfect time to update your will, trust and power of attorney to incorporate the latest options for dealing with your digital assets.
The Fiduciary Access to Digital Assets Act in Michigan: Now That We Have it, ...gallowayandcollens
Attorney Howard H. Collens presents the most recent updates on the new Fiduciary Access to Digital Assets Act. Learn the many states that have recently enacted the new Act and updates on what the future holds for estate planning and digital assets.
The Fiduciary Access to Digital Assets Act in Michigan: Now That We Have it, ...gallowayandcollens
In an era where technology plays such an important part of everyday life, the attorney needs to understand how to properly plan for a client’s digital assets. This presentation will discuss Michigan’s new Fiduciary Access to Digital Assets Act and how to incorporate it into your existing practice.
How to Make Sure the Kids Will Still Be Listening to The Beatles on Google Pl...gallowayandcollens
Many of today's artists are streaming on popular music sites like Google Play. Attorney Howard Collens shares his knowledge of Fiduciary Access to Digital Assets and how it pertains different music streaming sites and social media.
Erasing you Digital Footprint - Using Michigan's Fiduciary Access to Digital ...gallowayandcollens
Could someone else, acting on your behalf, gain access to your digital assets? What if the person was deceased? Would you want them to be able to? Access to Digital Assets would be challenging, if not impossible, without a Fiduciary Access to Digital Assets law. Now that Michigan has enacted this Act, how will it effect your estate planning?
Will My Family be Able to Access the Photos I Took at the Big House When I’m ...gallowayandcollens
Attorney Howard Collens presents on Fiduciary Access to Digital Assets, where he focuses on photo sharing and storage sites such as Picasa, Dropbox and Flickr. #FADA4MI. Howard is working on getting a new law enacted in Michigan.
Michigan's Fiduciary Access to Digital Assets: What You Need to Knowgallowayandcollens
Recent updates to Michigan's Fiduciary Access to Digital Assets. We use email, social media, and online banking every day. it is important to properly plan for those digital assets in the event of incapacity and after death.
Who Will Run My Fantasy Football Team When I’m Gone: The Latest and Greatest ...gallowayandcollens
National Academy of Elder Law Attorneys Webinar 2015 presented by Attorney Howard Collens on the recent updates regarding Fiduciary Access to Digital Assets.
The Fiduciary Access to Digital Assets Act in Michigan: Now That We Have it, ...gallowayandcollens
Attorney Howard H. Collens presents the most recent updates on the new Fiduciary Access to Digital Assets Act. Learn the many states that have recently enacted the new Act and updates on what the future holds for estate planning and digital assets.
The Fiduciary Access to Digital Assets Act in Michigan: Now That We Have it, ...gallowayandcollens
In an era where technology plays such an important part of everyday life, the attorney needs to understand how to properly plan for a client’s digital assets. This presentation will discuss Michigan’s new Fiduciary Access to Digital Assets Act and how to incorporate it into your existing practice.
How to Make Sure the Kids Will Still Be Listening to The Beatles on Google Pl...gallowayandcollens
Many of today's artists are streaming on popular music sites like Google Play. Attorney Howard Collens shares his knowledge of Fiduciary Access to Digital Assets and how it pertains different music streaming sites and social media.
Erasing you Digital Footprint - Using Michigan's Fiduciary Access to Digital ...gallowayandcollens
Could someone else, acting on your behalf, gain access to your digital assets? What if the person was deceased? Would you want them to be able to? Access to Digital Assets would be challenging, if not impossible, without a Fiduciary Access to Digital Assets law. Now that Michigan has enacted this Act, how will it effect your estate planning?
Will My Family be Able to Access the Photos I Took at the Big House When I’m ...gallowayandcollens
Attorney Howard Collens presents on Fiduciary Access to Digital Assets, where he focuses on photo sharing and storage sites such as Picasa, Dropbox and Flickr. #FADA4MI. Howard is working on getting a new law enacted in Michigan.
Michigan's Fiduciary Access to Digital Assets: What You Need to Knowgallowayandcollens
Recent updates to Michigan's Fiduciary Access to Digital Assets. We use email, social media, and online banking every day. it is important to properly plan for those digital assets in the event of incapacity and after death.
Who Will Run My Fantasy Football Team When I’m Gone: The Latest and Greatest ...gallowayandcollens
National Academy of Elder Law Attorneys Webinar 2015 presented by Attorney Howard Collens on the recent updates regarding Fiduciary Access to Digital Assets.
Presented by EndCoder Denise Fouche, this presentation describes South Africa's legal response to cyber security threats, particularly in the banking industry.
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Presentation to students completing the Information System Security, Ethics and Law of the Master of Information System & Technology Management at the Lok Jack Graduate School of Business on 12 July, 2015.
This is a presentation prepared and delivered to the International Bar Association Conference in 2012 on behalf of the Interactive Direct Marketing Association. It looks at some of the pragmatic challenges that exist in getting organisations to adopt and adapt to the requirements of the Cookies regulations.
Blockchain in Legal Industry improves approval waiting time and resources for patents & trademarks handling and creates a record of peer-to-peer transactions without the need for a trusted authority. 40% of legal departments utilize automated contract management tools and tamper-proof and legally unassailable agreements based on smart contract technology.
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Presented by EndCoder Denise Fouche, this presentation describes South Africa's legal response to cyber security threats, particularly in the banking industry.
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Blockchain in Legal Industry improves approval waiting time and resources for patents & trademarks handling and creates a record of peer-to-peer transactions without the need for a trusted authority. 40% of legal departments utilize automated contract management tools and tamper-proof and legally unassailable agreements based on smart contract technology.
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Reviews the governance components required to successfully implement and maintain an e-government strategy:
* Identity data governance
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Fiduciary Access to Digital Assets Act in Michigan - Social Mitten 2018gallowayandcollens
The majority of our lives and assets are managed online, from online banking to blogs and many other social media outlets. In today's world, it makes sense to incorporate your digital assets into your estate plan.
Attorney Howard H. Collens presents the newest updates for the Fiduciary Access to Digital Assets Act.
2019-06-11 What New US State Laws Mean For Your BusinessTrustArc
On-Demand Webinar Recording: https://info.trustarc.com/WB-2019-06-11-USDataProtectionLaws_RegPage.html
-------
While the focus over the past two years has been around global privacy regulations such as the EU GDPR regulation, individual US states have been proposing -- and enacting -- a number of privacy-impacting laws that may affect your company in new and challenging ways. From the comprehensive California Consumer Privacy Act (CCPA) to the revisions in data breach laws in Colorado, Oregon and Vermont, it can be difficult to track these changes, and even more difficult to build a compliance program with the flexibility to adapt to the constantly changing environment.
This webinar will provide:
-An overview of major new US state privacy laws and important pending legislation
-An update on the discussions and atmospherics around a comprehensive US privacy law
-Recommendations on incorporating US state privacy law compliance into a global privacy risk management program
New York Department of Financial Services Cybersecurity RegulationsShawn Tuma
Getting in Shape – NYDFS Cyber Security Regulations Webinar
Presenters: Shawn Tuma, Cybersecurity & Data Protection Attorney, Scheef & Stone LLP | Bill Belcher, VP Americas, Boldon James In an initiative to protect New York’s financial services industry, a new State regulation has been introduced to protect consumers and financial institutions from cyber-attacks. Effective March 1, 2017, this risk-driven regulation requires all financial services institutions regulated by the Department of Financial Services (DFS) to establish and maintain a cyber security program that will protect both customers’ private data and the technology that supports this. The impact stretches down through the supply chain, as any organization that conducts business with the NYC financial services sector has to adopt the same level of data protection.
Watch this webcast to learn:
The key requirements of the NYC Cyber security regulation
How compliance is about process first, then people and technology
What organizations need to be doing to ensure they comply
How data classification can help ensure compliance
NYDFS Cybersecurity Regulations (23 NYCRR 500) New York is one of the biggest financial hubs in the world; as you can imagine where there is sensitive financial information, there are people who want to get their hands on it. It is for this reason major financial firms operating in New York will face stiff cyber security obligations under the new New York Department of Financial Services Cybersecurity Regulations (23 NYCRR 500). This regulation will apply to firms holding a banking, insurance or financial services licence to operate in New York. 23 NYCRR 500 has been effective as of March 1st 2017, although firms have 180 days from this introduction date to change internal systems in order to meet new compliance and regulation standards. This fact sheet outlines:
23 NYCRR 500 overview
Key dates for covered entities
Key tasks for compliance
How Boldon James can help
Please complete the adjoining form to request it.
Mitigating Risk of Website Accessibility Lawsuits3Play Media
Attempts to enforce ADA website compliance continue and may be increasing in some business verticals with the effects of the pandemic and the push to an all-on-line era. The need to make your websites more accessible to all is not a matter of if, but rather when. Accessible360’s Co-founder has been teaching CLE classes for several years, come learn what you can do now to make websites and apps available to more people, and how to reduce your risk.
Presentation on citizen-consumer permission-based data sharing, the four challenge areas in data innovation and the Personal Data & Trust program by Dr Matt Stroud, Head of Personal Data and Trust at Digital Catapult Centre. Presented at the Data-sharing Discovery Day on 26 January in London.
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Behavioral or targeted marketing and advertising is one of the fastest growing areas for advertising and marketing professionals. New technologies driving behavioral and contextual advertising are challenging the established methods. Many realize that limiting targeted marketing may lead to undesired and potentially disruptive consequences, including undermining the implicit bargain that drives the Internet: the exchange of value between consumers and content providers. However, legislators, regulators, and industry trade groups have expressed concerns over perceived abuses of the collection and use of personal data of online users that involve privacy issues that “go well beyond behavioral advertising.” With every technological development and opportunity, new legal and business risks present themselves. Understanding and minimizing these risks will help you maximize the opportunities. Attendees will learn 1) the current state of behavioral and contextual advertising, 2) risks and pitfalls with targeted advertising, and 3) trends in legislation and regulatory compliance.
legal issues in cloud computing,cloud computing and law,cyberlaw and cloud computing in india,prashant mali,cloud computing issues,cloud computing security
Introduction to US Privacy and Data Security: Regulations and RequirementsFinancial Poise
The United States has no federal data security or privacy law covering all businesses or all U.S. citizens. Instead, federal agencies and individual states have created their own patchwork of laws and regulations which must be evaluated for their application to a business.
This webinar will help you navigate the overlapping and sometimes confusing system of laws and regulations which may impact your business, ranging from emerging state-level privacy legislation to the numerous data breach notification statutes to cybersecurity regulations with extraterritorial effect.
Part of the webinar series: CYBERSECURITY & DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
Setting Every Community Up for Retirement Enhancement (SECURE) Act gallowayandcollens
The Setting Every Community Up for Retirement Enhancement Act of 2019, called the “SECURE Act” makes significant changes to how IRAs and certain retirement benefits must be treated post-death.
Attorney Howard H. Collens presents information on the newly enacted law effective January 1, 2020
Hoarding is a reality that impacts a realtor’s listing and sale of property. This overview seeks to provide insight into this often misunderstood mental health condition, and provide practical solutions that realtors can use when encountering a hoarder owned property.
Many problems can arise if a trust is not properly funded. Attorney Howard Collens provides a few tips on how to properly fund a trust and avoid probate court.
This presentation provides tips for creating and managing a social media page for your business. Learn how to engage your followers and reach the right people with ads and branding.
The law firm of Galloway and Collens, PLLC represents individuals and businesses in a wide variety of legal matters. We apply our expertise and experience to your unique situation, providing you with effective, creative and valued representation. Our areas of practice include Estate Planning, Probate, Elder Law, Real Estate for homeowners and professionals, Landlord/Tenant Matters, Litigation and Transactions.
Considering how much information we keep on computers and on the internet, estate planning just isn’t complete anymore without including digital assets and social media accounts.
Understanding Hoarding Disorder Presentation - Spring 2014gallowayandcollens
Learn the different aspects of the hoarding disorder.
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Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
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Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
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Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
The Fiduciary Access to Digital Assets Act in Michigan:Now That We Have it, What Can We Do?
1. THE FIDUCIARY ACCESS
TO DIGITAL ASSETS ACT IN
MICHIGAN:
NOW THAT WE HAVE IT,
WHAT CAN WE DO?
HOWARD H. COLLENS
GALLOWAY AND COLLENS, PLLC
2.
3. Photo Sharing
You probably already know that your computer's hard drive
isn't the ideal location for your cherished images. Hard
drives routinely crash, sending the data stored on them into
the abyss. Many people are storing their pictures online or
in the cloud. The only real question then, is this: What are
the best ways to store and share your photos online?
5. Could someone else,
acting on behalf of the incapacitated client,
gain access to the account and photos?
What if the client was deceased?
6. Access to Digital Assets
would be challenging, if
not impossible, without a
Fiduciary Access to
Digital Assets law
7. Your Digital Afterlife
“While you may have many collections, all the things you
own combined create a greater personal collection where
the theme is you. You are the arbiter of what belongs or
does not belong. Increasingly, the things you gather for that
collection are digital.”
– Evan Carroll, Author of “Your Digital Afterlife”
http://www.yourdigitalafterlife.com/book/
8. What are Digital Assets?
• Digital assets come in a variety of forms, and are constantly changing,
along with technology and social trends.
• An individual may have a property ownership interest in an asset, or
merely a license.
• The term “digital assets” means, but is not limited to, files, including but not
limited to, emails, documents, images, audio, video, and similar digital
files which currently exist or may exist as technology develops or
such comparable items as technology develops, stored on digital devices,
including, but not limited to, desktops, laptops, tablets, peripherals, storage
devices, mobile telephones, smart phones, and any similar digital device
which currently exists or may exist as technology develops or such
comparable items as technology develops, regardless of the ownership of
the physical device upon which the digital asset is stored.
Excerpt from: The Elder Law Report, Vol. XXV, Number 1
9. Categories of Digital Assets
• Personal
• Stored on computers, smart phones, or other devices, or are uploaded to a
Web site or digital service
• Photographs, videos, emails, and music playlist
• Social Media
• May involve photos, videos and other electronic files stored on these accounts
• Financial
• Online banking, online bill-paying activities
• Online accounts with no connection to a brick-and-mortar establishment
(Amazon, eBay, PayPal and E*TRADE, BitCoin)
• Business
• Varies by types of business and extent of its computer or Internet associated
activities, which may include blogs, domain names, credit card and financial
data
10.
11. • In 2011, the Uniform Law Commission established
the Fiduciary Access to Digital Assets Committee
to draft a free-standing act that will vest fiduciaries
with the authority to manage and distribute digital
assets, copy or delete digital assets, and access
digital assets
12. • July 2014 the ULC introduced 1st version of a Uniform
Fiduciary Access to Digital Assets Act (UFADAA)
• Only Delaware adopted law based on 2014 version
• In July 2015, the ULC developed a revised UFADAA
13. Revised Uniform Fiduciary Access to Digital Assets:
:
• Gives Account Holder control over whether digital
assets should be preserved, distributed or destroyed
• Authorizes access to digital assets that would not
violate the Federal Stored Communications Act, 18
USC 2701 and Computer Fraud and Abuse Act, 18
USC 1030
14. Revised Uniform Fiduciary Access to Digital Assets:
• If widely adopted, provides consistency throughout the
country
• Currently, there is a hodge-podge approach
• Authorizes access by:
• Agent under Power of Attorney
• Conservator
• Personal Representative
• Trustee
15. Revised Uniform Fiduciary Access to Digital Assets:
• Revised UFADAA requires the consent of the user
before granting access to contents of digital
communications.
• Priority to wishes expressed through tools like Google’s
Inactive Account Manager and Facebook’s Digital
Legacy Contact
• Service provider’s “Terms of Service” taken into
account
16. Revised Uniform Fiduciary Access to Digital Assets:
• Does not apply to employer email systems or assets
• Defers to account holder/client intent and privacy desires
• Encourages custodian compliance
• Protects fiduciaries, custodians and content providers
• States are starting to enact the RUFADAA
17. RUFADAA Updates
• Twenty-one states have currently passed the
Fiduciary Access to Digital Assets Act. California also
passed a partial version that only deals with
decedents’ estates.
• Five states have RUFADAA bills introduced in 2017.
• Twenty-nine states have plans to introduce a
RUFADAA bill in 2017. If they are all enacted, we will
have near-universal enactment in the U.S.
- Benjamin Orzeske, Chief Counsel of the Uniform Law Commission
20. Michigan and FADAA
• HB 5034 was introduced, October 28, 2015 by Representative
Anthony Forlini
• Based on the ULC revised approach, HB 5034 offered a
comprehensive approach to Fiduciary Access to Digital Assets for
Michigan
• Joint Efforts of Elder Law and Disability Rights Section and Probate
and Estate Planning Sections to represent the interests of end users
21. Michigan and FADAA
• HB 5034 became law in March 2016
• Effective as of June 27, 2016
• Codified at MCL 700.1001 et seq.
http://www.legislature.mi.gov/(S(lbtllxurzntu2irpvxgxznb3))/mileg.aspx?page=getObject&objectName=mcl-Act-59-of-2016
22.
23. Michigan’s
Fiduciary Access to Digital Assets Act
Per MCL 700.1003, FADAA Applies to:
• Fiduciary acting under a will or power of attorney
• Personal representative acting for a decedent estate
• Proceeding involving a conservator
• Trustee acting under a trust
• Digital custodian if the user resides in this state
• Does not apply to a digital asset of an employer used by an
employee in the ordinary course of business
24. Michigan’s
Fiduciary Access to Digital Assets Act
Definitions:
• Conservator - Expanded to include plenary guardian,
partial guardian, special fiduciary, special conservator and a
parent of a minor child. MCL 700.1002(e)
• Digital Asset - An electronic record in which a user has a
right or interest. Does not include an underlying asset or
liability unless the asset or liability is itself an electronic
record. MCL 700.1002(j)
25. Michigan’s
Fiduciary Access to Digital Assets Act
• Catalogue of electronic communications - Information
that identifies each person with which a user has had an
electronic communication, the time and date of the
communication, and the electronic address of the person.
MCL 700.1002(d)
26. Michigan’s
Fiduciary Access to Digital Assets Act
• Content of electronic communication - Information
concerning the substance or meaning of an electronic
communication that has been sent or received by a user,
the information is in electronic storage by a digital custodian
providing an electronic communication service to the public
or is carried or maintained by a digital custodian providing a
remote-computing service to the public, and the information
is not readily accessible to the public. MCL 700.1002(f)
27. Michigan’s
Fiduciary Access to Digital Assets Act
• Online tool – An electronic service provided by a digital custodian that
allows the user, in an agreement distinct from the terms-of-service
agreement between the digital custodian and user, to provide directions
for disclosure or nondisclosure of digital assets to a third person.
MCL 700.1002(x)
• A user may use an online tool to direct the digital custodian to disclose
or not to disclose some or all of the user’s digital assets, or may prohibit
or direct the digital custodian in a will, trust or power of attorney.
• The user’s direction using the online tool or estate planning document
overrides a contrary provision in a terms of service agreement.
MCL 700.1004
28. Michigan’s
Fiduciary Access to Digital Assets Act
HOW MUCH ACCESS DOES THE DIGITAL CUSTODIAN
NEED TO PROVIDE? MCL 700.1006
• At the Digital Custodian’s SOLE DISCRETION, they may
• Grant a fiduciary or designated recipient full access to the user's
account.
• Grant a fiduciary or designated recipient partial access to the
user's account sufficient to perform the tasks with which the
fiduciary or designated recipient is charged.
• Provide a fiduciary or designated recipient a copy in a record of any
digital asset that, on the date the digital custodian received the
request for disclosure, the user could have accessed if the user
were alive and had full capacity and access to the account.
29. Michigan’s
Fiduciary Access to Digital Assets Act
HOW MUCH ACCESS DOES THE DIGITAL CUSTODIAN
NEED TO PROVIDE? MCL 700.1006
• A digital custodian may assess a reasonable administrative charge
• A digital custodian is not required to disclose under this act a digital
asset deleted by a user
• If only a request for some but not all of the digital assets and if
segregation would impose an undue burden on the digital custodian, the
digital custodian may seek a court order to disclose some, all or
none of the digital assets. Allows for in camera review.
30.
31. Michigan’s
Fiduciary Access to Digital Assets Act
Accessing Content vs. Catalogue
MCL 700.1007
Personal Representatives – Content of Digital Assets
If a deceased user consented to or a court order directs the
disclosure, a digital custodian shall disclose to the personal
representative the content of electronic communication if the
personal representative gives the digital custodian all of the
following:
32. Michigan’s
Fiduciary Access to Digital Assets Act
• A written request for disclosure
• A certified copy of the death certificate of the user
• A certified copy of the letters of authority or other court order
• Unless the user provided direction using an online tool, the
user’s will, trust, power of attorney or other record of the
user’s consent to disclosure
• If requested by the digital custodian, any of the following:
• Evidence linking account to the user
• A finding by the court that the user had a specific
account with the digital custodian.
33. Michigan’s
Fiduciary Access to Digital Assets Act
Accessing Content vs. Catalogue
MCL 700.1008
Personal Representatives – Catalogue of Digital Assets
Unless the user prohibited disclosure or a court directs
otherwise, a digital custodian shall disclose to the personal
representative a catalogue of electronic communications sent
or received by the user if the personal representative gives the
digital custodian all of the following:
34. Michigan’s
Fiduciary Access to Digital Assets Act
• A written request for disclosure
• A certified copy of the death certificate of the user
• A certified copy of the letters of authority or other court order
• If requested by the digital custodian any of the following:
• Identifying information for the user’s account
• Evidence linking the account to the user
• An affidavit stating that disclosure is reasonably
necessary for administration of the estate
• A finding by the court that the user had a specific
account with the digital custodian
35. Michigan’s
Fiduciary Access to Digital Assets Act
Power of Attorney – Content of Digital Assets MCL 700. 1009
To the extent a power of attorney grants an agent authority over the
content of electronic communications, and unless directed otherwise
by the principal or the court, a digital custodian shall disclose to the
agent the content of electronic communications if the agent gives
the digital custodian all of the following:
• An affidavit from the agent under MCL 700.5505
• If requested by the digital custodian, any of the following:
• Identifying information for the user’s account
• Evidence linking the account to the user
36. Michigan’s
Fiduciary Access to Digital Assets Act
Power of Attorney - Catalogue of Digital Assets MCL 700.1010
Unless otherwise ordered by the court, directed by the principal or
provided by a power of attorney, a digital custodian shall disclose to
an agent a catalogue of electronic communications sent or received
by the principal, if the agent gives to the digital custodian all of the
following:
• A written request for disclosure
• An original copy of the power of attorney
• An affidavit from the agent under MCL 700.5505
• If requested by the digital custodian, any of the following:
• Identifying information for the user’s account
• Evidence linking the account to the user
37. Michigan’s
Fiduciary Access to Digital Assets Act
Original User Trustee – Any Digital Assets MCL 700.1011
Unless otherwise ordered by the court or provided in a trust, a
digital custodian shall disclose to a trustee that is an original
user of an account, any digital assets of the account held in
trust, including catalogue and content.
38. Michigan’s
Fiduciary Access to Digital Assets Act
Non Original User Trustee – Content of Digital Assets MCL
700.1012
Unless otherwise ordered by the court, directed by the user, or
provided in a trust, a digital custodian shall disclose to a
trustee that is not an original user of an account, the content of
electronic communication, if the trustee gives to the digital
custodian all of the following:
39. Michigan’s
Fiduciary Access to Digital Assets Act
• A written request for disclosure
• A certificate of trust under MCL 700.7913 that includes
consent to distribute contents of electronic communications
to the trustee.
• If requested by the digital custodian, any of the following:
• Identifying information for the trust’s account
• Evidence linking the account to the trust
40. Michigan’s
Fiduciary Access to Digital Assets Act
Non Original User Trustee – Catalogue of Digital Assets
MCL 700.1013
Unless otherwise ordered by the court, directed by the user, or
provided in a trust, a digital custodian shall disclose to a
trustee that is not an original user of an account, a catalogue
of electronic communication in which the trust has a right or
interest, if the trustee gives to the digital custodian all of the
following:
41. Michigan’s
Fiduciary Access to Digital Assets Act
• A written request for disclosure
• A certificate of trust under MCL 700.7913
• A certification of the trustee that the trust exists and that the
trustee is currently acting trustee of the trust
• If requested by the digital custodian, all of the following:
• Identifying information for the trust’s account
• Evidence linking the account to the trust
42. Michigan’s
Fiduciary Access to Digital Assets Act
Conservator MCL 700.1014 – After an opportunity for a
hearing, the court may grant a conservator access to the
digital assets of a protected person.
Unless otherwise ordered by the court or directed by the user,
a digital custodian shall disclose to a conservator the
catalogue of electronic communications – not the content,
in which the protected person has a right or interest if the
conservator gives digital custodian all of the following:
43. Michigan’s
Fiduciary Access to Digital Assets Act
• A written request for disclosure
• A certified copy of the court order that gives the conservator
authority over the digital assets of the protected person
• If requested by the digital custodian, any of the following:
• Identifying information for the protected person’s account
• Evidence linking the account to the protected person
A conservator may request the digital custodian to suspend or
terminate an account of a protected person for good cause.
Request must be accompanied by certified copy of letter of
authority.
44. Michigan’s
Fiduciary Access to Digital Assets Act
• Fiduciary duties and authority as to digital assets are described in
MCL 700. 1015
• Digital custodians shall comply with the requests for disclosure by
Fiduciary within 56 days of receipt of required information. MCL
700.1016(1)
• If the digital custodian fails to comply, the fiduciary may petition
the court for an order directing compliance. MCL 700.1016(1)
• A fiduciary as well as digital custodian are immune from liability
for any action done in good faith in compliance with this act.
MCL 700.1015(8) and 700.1016(9)
45. Michigan’s
Fiduciary Access to Digital Assets Act
• A digital custodian may require a fiduciary or designated recipient
who requests disclosure or termination of an account to obtain a
court order that:
• Specifies that an account belongs to the protected person or
principal.
• Specifies that there is sufficient consent from the protected
person or principal to support the requested disclosure.
• Contains a finding required by law other than this act.
MCL 700.1016(8)
46. Michigan’s
Fiduciary Access to Digital Assets Act
• An interested person may petition the probate court to limit,
eliminate, or modify the personal representative's powers with
respect to the decedent's digital assets.
• Hearing shall be heard within 14 and 56 days of filing the petition.
• MCL 700.1017 is a Michigan specific provision not found in the
RUFADAA.
47.
48. Facebook
Memorialize the account
“We will memorialize the Facebook account of a deceased person when we receive a valid
request. We try to prevent references to memorialized accounts from appearing on
Facebook in ways that may be upsetting to the person's friends and family, and we also take
measures to protect the privacy of the deceased person by securing the account.
Please keep in mind that we cannot provide login information for a memorialized
account. It is always a violation of our policies to log into another person's account.”
• Memorial accounts can never be logged into again
Ask to have profile removed or deleted
“We will process certain special requests for verified immediate family members, including
requests to remove their loved one's account. This will completely remove the profile and all
associated content from Facebook, so no one can view it.”
Need to submit
• The deceased's birth certificate
• The deceased's death certificate
• Proof of authority under local law that you are the lawful representative of the
deceased or his/her estate
From: Facebook
49. Facebook
Legacy Contact is someone you choose to look after your account if it's memorialized. Once your account
is memorialized, your legacy contact will have the option to do things like:
• Write a pinned post for your profile (ex: to share a final message on your behalf or provide information
about a memorial service)
• Respond to new friend requests (ex: old friends or family members who weren't yet on Facebook)
• Update your profile picture and cover photo
• You also have the option to allow your legacy contact to download a copy of what
you've shared on Facebook, and we may add additional capabilities for legacy contacts in
the future.
Your legacy contact can't:
• Log into your account
• Remove or change past posts, photos and other things shared on your Timeline
• Read messages you've sent to other friends
• Remove any of your friends
From: Facebook
50. Twitter
“In the event of the death of a Twitter user, we can work with a person authorized to act on the
behalf of the estate or with a verified immediate family member of the deceased to have an
account deactivated.
In order for us to process an account deactivation, please provide us with all of the following
information:
The username of the deceased user's Twitter account (e.g., @username or
twitter.com/username)
A copy of the deceased user’s death certificate
A copy of your government-issued ID (e.g., driver’s license)
A signed statement including:
Your first and last name
Your email address
Your current contact information
Your relationship to the deceased user or their estate
Action requested (e.g., ‘please deactivate the Twitter account’)
A brief description of the details that evidence this account belongs to the
deceased, if the name on the account does not match the name on death
certificate.
A link to an online obituary or a copy of the obituary from a local newspaper
(optional)”
From Twitter: How to Contact Twitter About a Deceased User
51. Twitter
“Please send us the documentation by fax or mail to the following address:
Twitter, Inc.
c/o: Trust & Safety
1355 Market St., Suite 900
San Francisco, CA 94103
Fax : 1-415-865-5405”
*Please note: We are unable to provide login information for the
account to anyone regardless of his or her relationship to the
deceased.*
From Twitter: How to Contact Twitter About a Deceased User
52. Google Inactive Account Manager
• Can be set up through Google Settings
• Lets Google know what to do with some or all Google related
accounts after a specified period of inactivity
• Services that can be controlled: +1s; Blogger; Contacts and
Circles; Drive; Gmail; Google+ Profiles, Pages and Streams;
Picasa Web Albums; Google Voice and YouTube
• Google sends a warning text and email before action is taken
• Can have Google delete the accounts
• What about items bought on Google Play?
53. Provide Access
• Create a document and note if the property is personal
or has monetary value
Examples of note
Excerpt from: The Trust Advisor
54. Provide Instructions:
• If you want a site to continue, for example if you have a
website or blog, you need to leave instructions for keeping
it up or having someone take it over and continue it.
• If a site is currently producing or could produce revenue (e-
books, photography, videos, blogs), make sure your
successor knows this.
• If there are things on your computer or hard drive that you
want to pass on (scanned family photos, ancestry research,
a book you have been writing), put them in a “Do Not
Delete” folder and include it on your inventory list.
Excerpt from: Estate Planning for Digital Assets and Social Media
55. Inventory Checklist
• Make sure you include everything from your computer,
other devices, and the “virtual world” (i.e. cloud,
internet)
• All email accounts
• All social websites you participate in
• Financial and commerce accounts
• Make a simple spreadsheet with passwords to access
assets
Digital Assets Inventory
Asset Access Wishes
Name Contents Location Username Password Instructions Recipient
56. Who is in Charge?
• After you inventory your digital assets, you must decide
who to give the access to in the event of your death or
disability.
• Make sure you indicate whether you want your digital
executor to archive your content, share your content
with others, or delete your content (and/or secure
privacy of some content which may be harmful).
• Make sure to include any special instructions (Think
sensitive and/or embarrassing content).
57.
58. Where Should I Note My Intent?
• Powers of Attorney
Sample language: Electronic and Social Media. My Agent shall have full
access to the content of electronic communications and catalogue of electronic
communication and to all of my digital assets. My Agent shall have the authority
to obtain, use or change user names and passwords; to manage, add, delete,
modify, curate, archive, maintain, and increase or limit access to my digital
assets; to transfer ownership rights of my digital assets; to maintain, modify and
delete digital assets. These powers shall apply to all social media, financial and
cloud storage accounts, including, but not limited to, iTunes, Pandora, Kindle,
Amazon Prime, Google Play, Spotify, Tidal, Netflix, Hulu and all other online
content vendors, Facebook, Twitter, LinkedIn, corporate affinity and points
programs, banking and financial institution on-line access points, data and photo
archiving providers, blogs and websites, whether in my individual name, through
a business, through a pseudonym or anonymously. My Agent shall have authority
to exercise all privacy rights to limit or grant access to my digital assets, including
search history, cookies and other plug-in data, cached images and files, and all
other forms of browsing or transaction records. I grant to my Agent all authority
and power permitted under the Michigan Fiduciary Access to Digital Assets Act,
MCL 700.1001, et seq., as amended, or UFADAA as it may be enacted in any
state where I or my digital assets may be located.
59. Where Should I Note My Intent?
• Last Will and Testament
Sample Language: To access the content of electronic communications and catalogue
of electronic communication and to all of my digital assets; to obtain, use or change user
names and passwords; to manage, add, delete, modify, curate, archive, maintain, and
increase or limit access to my digital assets; to transfer ownership rights of my digital
assets; to maintain, modify and delete digital assets. These powers shall apply to all
social media, financial and cloud storage accounts, including, but not limited to, iTunes,
Pandora, Kindle, Amazon Prime, Google Play, Spotify, Tidal, Netflix, Hulu and all other
online content vendors, Facebook, Twitter, LinkedIn, corporate affinity and points
programs, banking and financial institution on-line access points, data and photo archiving
providers, blogs and websites, whether in my individual name, through a business,
through a pseudonym or anonymously. The Fiduciary shall have authority to exercise all
privacy rights to limit or grant access to my digital assets, including search history, cookies
and other plug-in data, cached images and files, and all other forms of browsing or
transaction records. The Fiduciary shall have all authority and power permitted under the
Michigan Fiduciary Access to Digital Assets Act, MCL 700.1001, et seq., as amended, or
UFADAA as it may be enacted in any state where I or my digital assets may be located.
60. Where Should I Note My Intent?
• Revocable Living Trust
Sample Language: To access the content of electronic communications and catalogue
of electronic communication and to all of my digital assets; to obtain, use or change user
names and passwords; to manage, add, delete, modify, curate, archive, maintain, and
increase or limit access to my digital assets; to transfer ownership rights of my digital
assets; to maintain, modify and delete digital assets. These powers shall apply to all social
media, financial and cloud storage accounts, including, but not limited to, iTunes, Pandora,
Kindle, Amazon Prime, Google Play, Spotify, Tidal, Netflix, Hulu and all other online content
vendors, Facebook, Twitter, LinkedIn, corporate affinity and points programs, banking and
financial institution on-line access points, data and photo archiving providers, blogs and
websites, whether in my individual name, through a business, through a pseudonym or
anonymously. Trustee shall have authority to exercise all privacy rights to limit or grant
access to my digital assets, including search history, cookies and other plug-in data, cached
images and files, and all other forms of browsing or transaction records. Trustee shall have
all authority and power permitted under the Michigan Fiduciary Access to Digital Assets Act,
MCL 700.1001, et seq., as amended, or UFADAA as it may be enacted in any state where I
or my digital assets may be located.
61. Where Should I Note My Intent?
• General Assignment
Sample Language: To the extent possible, this assignment shall also act
as delivery of all of my social media accounts, including but not limited to
Facebook, Twitter, LinkedIn, corporate affinity and points programs, banking
and financial institution on-line access points, any and all data and photo
archiving sites, blogs and websites, email and all other digital assets including
both the catalogue of electronic communications and content of electronic
communications of mine whether I am maintaining such accounts in my
individual name, through a pseudonym or anonymously.
62.
63. Incorporating Digital Estate Planning
into Your Practice
• To help the process, a questionnaire for the client to list all digital assets
and the value of those assets
• Discuss if any of the assets have financial value
• Keep record of all passwords and profiles
• There are websites specifically designed to release account
information after death to designated beneficiaries but they may be
here today gone tomorrow.
• Suggest clients protect significant data with strong encryption
64. Test Out Our New Law
• Now that FADAA is here in Michigan:
• What Works?
• What Needs Improving?
• Are we in Probate Court more or less over these
issues?
• I would love to hear how you and your clients
experience Fiduciary Access to Digital Assets
65. Howard H. Collens
Galloway and Collens, PLLC
26075 Woodward Ave, Suite 200
Huntington Woods, Michigan 48070
248.545.2500
GallowayCollens.com
Howard@GallowayCollens.com
Twitter: @howardcollens
@probatelawmi
@realestatelawmi
Editor's Notes
Early years spent on Walloon Lake. Died 1961. Nick Adams published in 1972
Early years spent on Walloon Lake. Died 1961. Nick Adams published in 1972