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California AB 691 was recently signed into law, which sets forth default rules governing the disposition and probate of digital assets to a surviving fiduciary or beneficiary. In enacting this legislation, California joins 19 other states, including Florida, in adopting of the Fiduciary Access to Digital Assets Act. The term digital assets include a person's social media accounts, websites, domains, email accounts, blogs, as well as other accounts and digital content related thereto. This law will go in effect January 1, 2017, and establishes a three step hierarchical test for determining who may access a decedent's digital assets.

Published in Internet