Escobar & Associates
813.875.5100
Speak to an attorney 24 hours a day free consultations

Probate of will can be complicated by online presence

Planning an estate that adequately reflects your wishes is a main goal for many who take on this process in Nevada. Seeking to leave assets or gifts to an heir or beneficiary, or to avoid probate, many in Nevada create an estate plan using a number of available tools. These planning tools typically include a will or a trust.

Traditionally, many estate plans used wills and trust as the only instruments for an estate. The probate of a will or the actions of a trustee in distributing a trust satisfied the distribution of the material assets that remained after the death of a person. In the case of a will, the probate process was and is public in most situations.

With the advent of social media, there are new questions to be addressed when considering creating an estate plan. With authorities noting that nearly 500,000 with Facebook accounts died in 2011, the questions often revolve around what to do with the online presence of a person after their death. In addition to Facebook accounts, the typical person in Nevada and elsewhere reportedly has 25 password-protected online accounts.

A traditional will that goes through the probate process may be unable to keep up with the frequent changes to passwords and online accounts. In fact, the average person reportedly types up to eight passwords per day. To overcome this problem, officials recommend that a person devising an estate plan create a trust to deal with the online presence. The trustee could be directed to create a memorial page on Facebook or to close online accounts if that were the wishes of the deceased or to take what appropriate action is desired concerning one's Internet presence. The online life of a person is just another important consideration when creating an estate plan.

Source: The Atlantic, "The Government Would Like You to Write a 'Social Media Will'," Rebecca J. Rosen, May 3, 2012

No Comments

Leave a comment
Comment Information
  • Martindale-Hubbell | Top rated lawyer in Tampa | Richard Escobar | For Ethical Standards and Legal Ability | Martindale-Hubbell Top rated lawyer
  • Top Lawyers 2016 | Richard Escobar
  • Top Lawyers 2016 | Dino Michaels
  • Highest Possible Rating in Both Legal Ability & Ethical Standards | AV |AV Preeminent | Richard Escobar | 2016
  • Judicial Education | AV | AV Preeminent | Richard Escobar | 2016
  • CLIENT | DISTINCTION AWARD | Dino mike Michaels, Esq. | Recognized for Excellence | Quality of Service | Overall Value | Responsiveness | Communication Ability
  • 15 | YEAR | Anniversary | Proudly Serving | the Community | Since 2001 | Dino Mike Michaels

Office Location

Escobar & Associates
2917 W. Kennedy Boulevard
Suite 100
Tampa, FL 33609

Phone: 813-513-0274
Fax: 813.877.6590
Tampa Law Office Map