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Death and Your Digital Legacy

Death and Your Digital Legacy . February 15 , 2014. Western Business Education Association Oregon Business Education Association. Jim Birken. Jim Birken. Gift Planning Manager, Linn-Benton Community College, Albany, OR

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Death and Your Digital Legacy

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  1. Death and Your Digital Legacy February 15, 2014 Western Business Education Association Oregon Business Education Association JimBirken

  2. Jim Birken • Gift Planning Manager, Linn-Benton Community College, Albany, OR • Director of Gift Planning, Retired from Western Oregon University, Monmouth, OR, • Director of Finance, WOU Foundation • Master’s Degree in Public Administration, USC • Past President, Northwest Planned Giving Roundtable • Not an attorney, no legal advice is provided, please consult your own professional advisor

  3. Gift Planning • More complicated gifts • Wills, Charitable Trusts, Estates, Charitable Gift Annuities • Life Income Plans which provide cash to the donor(s) for life and then benefit the charity. • Wills are most important tool for gift planning and asset management. • Can use Living Trust in addition to Will

  4. Your Will • Provides instructions for your personal representative • Directs disposition of valued assets • To Heirs and Devisees • To Charities • New problem, what about non-physical, non-monetary assets? • Digital assets on your computer and in the “Cloud”

  5. Digital assets • All of your files on your computer, tablet, and/or phone • Soft assets such as Facebook postings, email, or pictures on your computer • Real dollar value assets stored elsewhere • Online banking • PayPal • Amazon • Bitcoins

  6. Assets in the “Cloud” • Email at Google, Yahoo, etc. • Pictures on Picasa, Shutterfly, • Instagram, or Flickr • Amazon • Audible recorded books • Kindle books • Who can access these?

  7. Social Media • Two issues: • Accessing information you wish to preserve • Deleting information that is harmful or no longer useful • Face Book • Google • On-line bank accounts • Web Sites

  8. Web Sites • Sites that you own are personal property and may be willed to another and are transferred in your estate • Problems • Should the website shut down, or remain active? • Who has the user name and password? • What is it? Is it a license instead of ownership? • Complicated end-user agreements

  9. Account Access • Can anyone else but you legally get into your files? • May depend on the user agreement with the provider • May depend on applicable federal law • 18 USC Ch. 121: STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS • COMPUTER FRAUD AND ABUSE ACT • State laws are not keeping up with current situation • Oregon’s bill SB54 failed in last legislative session • Uniform code is being propose for all states • May need new federal law to over-ride conflicts

  10. Account PasswordS

  11. Password Managers • Needed for my aging brain • Primarily a database of sites, usernames and passwords • Generates secure passwords • Lets you keep information private during your lifetime and then provide access for your personal representative when needed. • Such access may not be proper

  12. Password Managers • One Password • Memengo • Last Pass • Dashlane

  13. Pitfalls for Personal representatives • Passwords and user ID’s • Encryption • Federal and State Laws regarding “unauthorized” access to data • Federal and State laws regarding privacy

  14. handouts • Suggested Password Manager programs • Resources for more information • Google Executor’s form • Genealogical Will

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