Estate Planning for Digital Assets under Colorado Law

James Judd
James Judd of Baker Hostetler LLP

BY: James Judd
BAKER HOSTETLER LLP

Upon checking my email recently, I received a reminder from Facebook to make sure I wish my grandmother a happy birthday. Aren’t these reminders great? I find myself forgetting fewer birthdays. The only problem, however, is that my grandmother passed away over a year ago. Shouldn’t somebody tell Facebook to stop sending these reminders or have them cancel my grandmother’s Facebook account? Now that she is gone, who can do that?

The Colorado Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has addressed this issue and many more. RUFADAA addresses the issue by setting forth the circumstances whereby a person may be allowed to access a deceased individual’s digital assets while also taking into account the privacy interests of the deceased owner/creator — referred to as the “user” under RUFADAA — of the digital asset.

To read this story and other complete articles featured in the June 11, 2018 print edition of Law Week Colorado, copies are available for purchase online.