[conspire] RUFADAA: 2017 law about 'digital assets'

[Rick Moen]

RUFADAA, not uff-da!  I refer to the Revised Uniform Fiduciary Access to
Digital Assets Act.  You there, J. Random Californian!  You are an
Internet person, so you really ought to know about this one.

For regrettable reasons of recent history, I get promotional mailings
from a probate and estates attorney.  I shouldn't forward here the one I
just got because, y'know, copyright and y'know, lawyer -- but I believe 
I can independently write about what he discussed.  It talked about a
new California statute effective January 1, 2017 that gives you a
standard and _legally enforceable_ way to pass along access to your
online digital assets, after your death -- like the credentials to your
various online accounts, etc.

It didn't take a lot of searching to find the legal thingie in question.

Better coverage:

  On September 24, 2016, the Governor of California approved the
  California Revised Uniform Fiduciary Access to Digital Assets Act, which
  “would authorize a decedent’s personal representative or trustee to
  access and manage digital assets and electronic communications.”

  It allows a person to “use an online tool to give directions to the
  custodian of his or her digital assets regarding the disclosure of those
  assets.” If a person has not used the online tool, s/he can give
  direction in a will, trust, power of attorney, or other record.

  The bill requires the custodian of the digital assets to comply with the
  person’s request for disclosure of the digital assets and to terminate
  an account. The bill gives custodians an immunity from liability for an
  act or omission if done in good faith compliance.

https://www.dataprivacyandsecurityinsider.com/2016/09/california-passes-revised-uniform-fiduciary-access-to-digital-assets-act/

Further detail here:
http://fusion.net/story/299147/california-digital-afterlife-bill/


AB 691 (bill) text is here:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB691

In code analogy, a bill is a diff.  Once applied, it amends a legal
code.  In this case, AB 691, after it passed and Gov. Brown signed it,
amended California Probate code, to add a Part 20 (commencing with
Section 870) to Division 2.

And this is the law as amended -- the (analogised) 'patched code':
http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=2.&title=&part=20.&chapter=&article=

Law doesn't apply to digital assets you have use of as an employee, just
your own.  You can cover this in your estate plan.  Either
put item this into your will, or write a separate piece of paper naming
the custodian(s) for your digital assets.  You can name allocate those
assets to people as you please -- see the statute text for details.  
I don't know of any standard forms, but simply writing that you're 
making in the event of your death the following designations of
custodians for the following digital assets, under California Probate 
Code sections 870-883, is very likely good enough.  Write the details, 
sign, date, store with your will.

The statute establishes a legal framework for 'online tools' to specify
your custodians for your digital assets without having to write legal
paperwork.  Look for that to slowly percolate out into _some_ online
services -- but many may never get that.

Best idea:  Revise your will, and add coverage of this stuff.