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T&E bar looks for guidance on post-death access to digital assets

Publisher: Massachusetts Lawyers Weekly
January 14, 2016

Jaclyn O’Leary was quoted in an article, “T&E bar looks for guidance on post-death access to digital assets,” in Massachusetts Lawyers Weekly. O’Leary explains how state laws concerning decedents’ rights to access digital assets are currently unclear. The uncertainty applies to all types of digital assets in which an individual has a right or interest, she added, and includes everything from photos saved in password-protected accounts to social media accounts to email accounts. O’Leary and other trusts and estate lawyers are hopeful that a uniform law on access to digital assets for fiduciaries and a long-running state court case Ajemian v. Yahoo! Inc. may be the first steps in providing guidance for lawyers and fiduciaries on this issue.


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