[WSBAPT] Gmail and death
Andrekita Silva
ak at seattle-silvalaw.com
Thu Aug 19 12:04:31 PDT 2021
Law Office of
F.ANDREKITA SILVA
___________________________________________
AUGUST 19, 2021
I haven't had a case lately where the PR needed electronic access.
However, after having an enormous hassle a couple years ago, I also
have language similar to Brent's that I add to all Wills that I
prepare. People under about age 40 do almost everything
electronically. So, unless they have a significant other that is
familiar with their finances, the PR really needs to have electronic
access ordered at the time of appointment.
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
Quoting Brent Williams-Ruth <brent at williams-ruthlaw.com>:
> I tangled with Apple years ago (even got legislation drafted to add
> TEETH to the law for when the companies fail to comply.....be
> looking for me to come back on that issue in the future) but since
> then, I have added the following to EVERY Will that I write (and
> make sure my clients are aware that their executor will have this
> power).
>
> In addition, I expressly request any Personal Representative
> appointed by the Court shall be granted access to any and all of my
> digital assets in accordance with the terms set forth in the Uniform
> Fiduciary Access to Digital Assets Act (RCW 11.120 et. seq.) or any
> subsequently adopted legislation pertaining to digital assets.
>
> BRENT WILLIAMS-RUTH (pronouns: he/him)
> /Attorney-At-Law/
>
> LAW OFFICES OF BRENT WILLIAMS-RUTH, A DIVISION OF BWR CONSULTING, PLLC
>
> PHYSICAL ADDRESS: 500 S 336TH STREET, SUITE 214; FEDERAL WAY, WA 98003
>
> **EFFECTIVE IMMEDIATELY** ALL MAIL SENT THROUGH THE USPS
> SHOULD BE SENT TO THE FOLLOWING ADDRESS: PO BOX 3319; FEDERAL WAY,
> WA 98063
>
> Office/Scheduling Phone: (253) 285-7751
>
> Direct: (253) 285-7453
>
>
>
> e-mail[1] / website[2] / facebook[3] /
>
> On Tue, Aug 17, 2021 at 2:08 PM Wendy Malkin
> <wendy at salmonbaylaw.com> wrote:
>
>> Hi Jennifer,
>>
>> I can share language from a court order that I drafted. I was
>> successful with Google. However, Google did not give the PR (and
>> surviving spouse) access to the gmail account. Instead, Google sent
>> the contents of the gmail account on a flash drive or CDs. Not the
>> same, but better than nothing. In my case, the PR really wanted the
>> contents of a Google photo account, which were also sent to her.
>>
>> Let me know if you still need language.
>>
>> Wendy
>> wendy at salmonbaylaw.com
>>
>>
>> Salmon Bay Law Group, PLLC
>>
>> 1734 NW Market Street
>>
>> Seattle, WA 98107
>>
>> 206-735-3177
>>
>> www.salmonbaylaw.com[4]
>>
>>
>>
>>
>>
>>
>> NOTICE: This communication contains privileged or other
>> confidential information. If you have received it in error, please
>> advise the sender by reply email and immediately delete the message
>> and any attachments without copying or disclosing the contents.
>> Thank you.
>>
>>
>>
>>
>> Sent from my iPhone
>>
>>
>>> On Aug 14, 2021, at 10:08 AM, Jade Coppieters <jade at scarfflaw.com> wrote:
>>>
>>
>>> I'll also note that even if the will does include language on
>>> digital assets, Google, Facebook, and Apple all require a court
>>> order as a blanket policy anyway. At least that's been my
>>> experience.
>>>
>>> Jade
>>>
>>> J. M. Coppieters, Esq.
>>> Phone: 206-236-1500
>>> Fax: 306-905-5912
>>>
>>> -----Original Message-----
>>> From: wsbapt-bounces at lists.wsbarppt.com
>>> <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
>>> Sent: Saturday, August 14, 2021 9:11 AM
>>> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>>> Subject: Re: [WSBAPT] Gmail and death
>>>
>>> Most wills extant do not specifically address digital assets.
>>> Rather, they are included in the 'residue'. Everyone should have
>>> a trusted person or entity that is kept informed of all such
>>> confidential data.
>>>
>>> Roger Hawkes, WSBA # 5173
>>>
>>>
>>> Sultan Office: 423 Main (physical office)
>>> Box 351, Sultan, WA 98294 (incoming mail)
>>> Sultan, WA 98294
>>>
>>> Shoreline Office: 19944 Ballinger Way NE
>>> Shoreline, WA 98155
>>>
>>> Phone: 206 367 5000; fax: 206 367 4005
>>> Email: roger at law-hawks.com
>>> Web site: www.hawkeslawfirm.com[5]
>>>
>>> -----Original Message-----
>>> From: wsbapt-bounces at lists.wsbarppt.com
>>> <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of
>>> jcrspicatto at gmail.com
>>> Sent: Saturday, August 14, 2021 9:01 AM
>>> To: wsbapt at lists.wsbarppt.com
>>> Subject: [WSBAPT] Gmail and death
>>>
>>> What language needs to be included in a court order that Google
>>> will follow to provide a personal representative access to a
>>> decedent's gmail account and data? The estate is testate and
>>> non-intervention, but there is no language in the Will that
>>> addresses digital data.
>>>
>>> Jennifer C. Rydberg, JD
>>> 206-550-5491
>>>
>>> ***Disclaimer: Please note that RPPT listserv participation is not
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>>
>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields,
>> and others.***
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Links:
------
[1] mailto:Brent at Williams-RuthLaw.com
[2] http://www.williams-ruthlaw.com/
[3] http://www.facebook.com/bwrlaw
[4] http://www.salmonbaylaw.com
[5] http://www.hawkeslawfirm.com
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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