Dealing with the death or incapacity of a loved one raises difficult questions about access to digital assets. Terms-of-service agreements and privacy policies give online providers or custodians dictatorial power over accounts. Many agreements deny access to anyone but registered users. And federal and state laws also penalize unauthorized access to computers and certain forms of protected communications.
Effective July 1, Florida will join 12 states legislating access to digital assets of the deceased or incapacitated as one of five states to adopt the Uniform Fiduciary Access to Digital Assets Act, or UFADAA. Florida’s law applies to Florida residents or those who resided in Florida at the time of death.
