My Dad's Gmail Nightmare
I'm a probate attorney, but I couldn't access my dad's Gmail after he died. Here's what I learned.
What is a one-page "where everything is" document?
A one-page "where everything is" document is a simple, yet essential tool for digital legacy planning. It's a document that outlines all of your digital assets, including email and social media accounts, online banking and investment accounts, and any other digital property you own. This document should include the account names, passwords, and any other relevant information, such as security questions and answers.
Having a one-page "where everything is" document can save your family a lot of time and stress when it comes to accessing your digital assets after you're gone, as required by RUFADAA §4.
How to create a one-page "where everything is" document?
To create a one-page "where everything is" document, start by making a list of all your digital assets. This includes everything from your email and social media accounts to your online banking and investment accounts. Then, gather all the relevant information, such as account names, passwords, and security questions and answers. Once you have all the information, organize it in a way that makes sense to you and your family.
For example, Pat, 54, from Portland, lost her husband Mike in March. Six months later, she's still locked out of his personal Gmail account, which has the login for their joint brokerage account. She has a court-appointed executor letter, a death certificate, and three denied requests from Google. If Mike had a one-page "where everything is" document, Pat would have been able to access his account and avoid all the hassle.
According to Ajemian v. Yahoo! (Mass. 2017), a court can order a tech company to provide access to a deceased person's account, but it's often a lengthy and costly process.
How to store a one-page "where everything is" document?
Once you have created your one-page "where everything is" document, you need to store it in a safe and secure place. This could be a fireproof safe, a safe deposit box, or a digital vault like In Case Shit Happens. The important thing is to make sure it's accessible to your family and executor, but not to anyone else.
Some people might think that just telling their spouse or family member their passwords is enough, but this is not a reliable or secure method. As emergency access planning expert, I can tell you that having a one-page "where everything is" document is a much better way to ensure that your family can access your digital assets when they need to.
According to Apple Digital Legacy policy, launched in December 2021, a legacy contact can access a deceased person's account, but only if they have been designated as such by the account owner.
This does NOT mean that having a one-page "where everything is" document will give your family unlimited access to all your digital assets. It simply provides a way for them to access the information they need to manage your estate and wrap up your affairs.
Frequently Asked Questions
What is a digital executor?
A digital executor is the person legally authorized to manage a deceased person's digital assets, such as email and social media accounts.
Does RUFADAA apply in my state?
RUFADAA (the Revised Uniform Fiduciary Access to Digital Assets Act) is a state law, so its application depends on where you live.
How do I access a deceased person's Gmail account?
You'll need to contact Google and provide a court-appointed executor letter, death certificate, and other documentation.