Do you know what will happen to your social media accounts when you die? Social media is now the dominant means of how people document their lives, so it is important to understand your rights and obligations regarding your digital legacy.
When actor Chadwick Boseman died in 2020 he was at the height of his career. With some forethought, he was able to ensure that his estate will maintain his social media accounts now and in the future, sharing to this day celebrations and accomplishments of his life, inspirational quotes, and information on his charity, Foundation for the Arts.
It's important to understand a person's rights of publicity and to commercial use of name, image, and likeness during and after life. State laws vary on who qualifies for the right of publicity and the duration those rights exist post-mortem. For example, California limits publicity rights to 70 years after death for anyone, whereas New York only recognizes a right of publicity for those whose identity has a commercial value at the time of their death or resulting from their death. Therefore, it's important to check the laws surrounding these issues for where you live or will likely live at the time of your death, or where the deceased lives of you're trying to figure out a loved one's estate.
Although not everyone with social media accounts is a celebrity, everyone has loved ones that may want to archive and maintain social media accounts after their death. It's important that loved ones have information about social media accounts and other digital assets before your death. A study published in 2019 predicted that the dead could outnumber the living on Facebook within the next 50 years, based on 2018 user levels. Social media users should consider planning for what they want to happen to each account.
As technology moves incredibly fast, with new social media platforms arising frequently (Mastodon, BeReal, Twitch, Discord, and the Metaverse), it is important to leave a road map to your social media accounts and your digital assets. According to the National Conference of State Legislatures, 49 states, the District of Columbia, and the U.S. Virgin Islands have enacted laws addressing access to social media accounts and user data upon incapacity or death.
States typically follow the Revised Uniform Fiduciary Access to Digital Access Act of 2015, which gives users the power to plan for the management, conservation, and access of their digital assets just as they would with their tangible property. An individual has the right to decide whether their digital assets will be preserved, distributed to heirs, or destroyed. These assets include email accounts, cloud documents, photos, contact lists, calendars, text messages, cryptocurrencies, NFTs, and online purchasing accounts and subscriptions.
Below is an overview of how you can implement some of the more prominent social media services into your estate plan.
How You Can Hand Over Your Social Keys
Each social media platform has its own policies regarding what happens to a user's account after they pass away. Technology and laws change over time, so it's always a good idea to check for the latest policies and terms and conditions for each platform regularly.
- Apple: Apple’s legacy contact gives one or more individuals access to the data stored on the deceased's Apple account after their passing. The contact will need a death certificate and access key generated when they are added as a legacy contact.
- Google & YouTube: Google & YouTube have an Inactive Account Manager option. Once turned on it will notify a trusted contact that an account has been inactive for a specified period of time. The feature will share specific data that you have chosen to share with the trusted contact. Google & YouTube also permit a loved one to provide a death certificate and proof of relationship to the deceased to delete the account.
- LinkedIn: LinkedIn does not have a legacy contact feature. An individual authorized to act on behalf of the estate may submit a request to LinkedIn to convert the page to a memorial page or to close the account. An individual who is not explicitly authorized on behalf of the estate can notify LinkedIn of the deceased individual and LinkedIn will hide the account. LinkedIn will not delete the account until an individual who is authorized to act on behalf of the estate contacts them and requests deletion.
- Instagram: Instagram does not have a legacy contact feature. An immediate family member may submit a copy of a death certificate and request to convert the deceased's Instagram page to a memorial page.
- Twitter: Twitter does not have a memorial or legacy contact feature. An immediate family member may contact Twitter and present a death certificate to delete the deceased's page.
- Facebook: A user can assign a legacy contact who can have limited management of the deceased’s account, including changing profile photos, removing the page, and accepting friend requests. The legacy contact may not post updates on the deceased account or send messages. If no assigned legacy contact was established prior to death, the next of kin may contact Facebook to convert the page to a memorial page or leave the page as-is.
- TikTok: TikTok does not have a memorial legacy contact feature. A family member may contact TikTok and request removal, but there is no guarantee TikTok will honor the request. It's possible that presenting a copy of the death certificate may help.
- Snapchat: Snapchat does not offer any option for a trusted contact, or for a loved one to close an account. A loved one would need login information to take over managing or to delete the account.
- Pinterest: Pinterest does not have a legacy contact feature. Pinterest requires an email with a death certificate and proof of relationship to the deceased to delete the account.
Digital Legacy in Estate Planning
It is a good idea to plan for the management of your digital assets by incorporating your digital legacy into your estate plan. Designating a legacy contact or person who is authorized to access and manage your accounts eliminates any confusion over who may access your accounts after your death, as well as specifies the extent to which you want to grant access to them and what they should do with your accounts. A skilled estate planning attorney can incorporate your wishes into your will or trust. Whereas a will becomes a public document once filed with the court, a trust can protect your passwords and digital identities from the public domain. You worked a lifetime to keep your information secure, and a little foresight will keep it that way after you’re gone.
If you would like further tips and guidance regarding your digital legal and estate plan, Escient Financial is here to provide you with comprehensive financial planning, which includes estate planning as a focus area that is looked at with every financial plan. Feel free to...
This content is developed from sources believed to be providing accurate information. The information in this material is not intended as investment, tax, or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Digital assets and cryptocurrencies are highly volatile and could present an increased risk to an investors portfolio. The future of digital assets and cryptocurrencies is uncertain and highly speculative and should be considered only by investors willing and able to take on the risk and potentially endure substantial loss. Nothing in this content is to be considered advice to purchase or invest in digital assets or cryptocurrencies.
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