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Articles Tagged with estate planning

By Elizabeth McKinney
Attorney, English, Lucas, Priest and Owsley, LLP

DeathtoStock_Wired4Most people don’t give much thought to who will be their estate executor. Often, the automatic choice is a spouse or a child. The person chosen is often the person closest to the person creating the will.

But this isn’t always the best strategy. As we know, and you have no doubt seen at some point in your life, emotions run high after a death, and items that were near and dear to the decedent’s heart become prized possessions, and sometimes, those items are worth a lot of money. A prized piece of art may have much more than sentimental value.

The executor of your estate may not be prepared to deal with all of these emotions, and if they’re someone close to you, they may find that they’re processing their own grief while trying to meet the demands of friends and family waiting to receive inherited items or money.

This is why we recommend that those creating a will take a long, hard, objective look at who they choose as the executor of their estate and really examine if the person they’ve chosen is capable of carrying out your wishes without creating long-term problems for your family and friends.

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social media screen shot

Social media accounts include Facebook, Snapchat, Twitter, Foursquare, Vine and many others.

Virtually everyone these days has some variety of social media accounts, whether it be Facebook, LinkedIn, Twitter, or some other form of social media (the list appears to be never-ending).  Encompassing more than just social media, nearly everyone has Internet and other electronic accounts that require maintained passwords to access.  What happens to a person’s social media accounts when that person dies?  Who has a right to access the password-maintained accounts?  Fortunately, these issues are starting to receive attention and are being addressed.

Facebook now allows its members to designate a “legacy contact” to manage the deceased persons account (to some degree) posthumously, a feature just added a few short months ago.  Facebook’s newsroom states:

Facebook is a place to share and connect with friends and family. For many of us, it’s also a place to remember and honor those we’ve lost. When a person passes away, their account can become a memorial of their life, friendships and experiences.

Today we’re introducing a new feature that lets people choose a legacy contact—a family member or friend who can manage their account when they pass away. Once someone lets us know that a person has passed away, we will memorialize the account and the legacy contact will be able to:

  • Write a post to display at the top of the memorialized Timeline (for example, to announce a memorial service or share a special message)
  • Respond to new friend requests from family members and friends who were not yet connected on Facebook
  • Update the profile picture and cover photo

If someone chooses, they may give their legacy contact permission to download an archive of the photos, posts and profile information they shared on Facebook. Other settings will remain the same as before the account was memorialized. The legacy contact will not be able to log in as the person who passed away or see that person’s private messages.

Alternatively, people can let us know if they’d prefer to have their Facebook account permanently deleted after death.

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