Tag Archives: Estate Planning

It’s holiday time again and I just love Thanksgiving! Last night my daughter and I were talking about how disappointed we are if we are invited out for Thanksgiving and the food isn’t good. Then we get all bummed out because we have to wait a whole year to eat this kind of food again – in bulk – with little or no guilt! That’s something to be thankful for – gluttony with no guilt! So, usually, we just cook it ourselves!

Holiday time brings another joy besides food. Don’t get me wrong, food is high up there. But, for me, it’s extra special when I can be with all my daughters in one place! It’s one of the few times that all 5 girls can make the time to come from the 4 corners of the earth and share a few days with mom. And this year, we have an extra bonus – their dad is coming, too. We haven’t had the whole family together at one time for a holiday in over 10 years!

So, all this family time, and seeing the girls all grown up (sort of) has given time to reflect on my own estate plans. Don’t tell my secret, but my own estate plan isn’t up to date. You know that famous quote about how the shoemaker’s children go without shoes? Well, it’s the same with lawyers.

Discuss estate planning

But, this year, I am resolved to talk to my girls about what I want for my later years and also discuss estate planning. I am even trying to give some of my stuff away, but they won’t take it! I know this is hard for children to talk about, none of us wants to think about our parents aging. But, since I preach these topics all day to my clients, it’s time that I take stock and make sure that me and my children are all on the same page.

I think the end of the year is a good time to put your affairs in order. It’s a good time to look at your old wills, powers of attorney (did you know the law just changed in November on Powers of Attorney?), Medical Directives, and Living Wills. It might be time to think about setting up a Revocable Trust or doing a Lady Bird Deed. And it will cost you nothing if you come to see me. My estate planning consults are free. And, while you’re there, ask about Long-Term Health Care Planning. We might need to take a look at some Elder Care issues such as Medicaid Planning. After all, we already paid for Medicaid in every single paycheck, right?

Call now and get a free Estate Planning consultation. Don’t wait until it’s too late!

Happy Thanksgiving!

Debra G. Simms, Esq.

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Your Digital After-Life: What happens to your e-mails after you die?

Ever wonder what happens to your e-mails and posts when you’re gone? I don’t want to dwell on the macabre during this celebratory time of year, but the New Year is a good time to plan for the future.

Unfortunately, there is no standard way internet providers handle the accounts of their users’ accounts after death. Every provider is different.

For example, Facebook’s privacy policy states that your heirs can request that your account be deleted or “memorialized.” Memorialized profiles restrict profile access to confirmed friends and allow friends to write on the user’s Wall in remembrance. Anyone can request that a user’s account be memorialized by simply notifying Facebook and showing a death certificate or a news article that indicates the death.

Gmail generally requires a death certificate, an e-mail you have received from the account in question, and proof that you have legal authority over the estate.

Your Social Media Pages After Your Gone

social media when your dead

If a Twitter user has passed away, the account can be removed. Family members can ask to save a back up of their loved one’s public “Tweets”. The heirs need to provide their contact information, their relationship to the deceased user, the username of the account or a link to the profile page, and a link to the obituary.

Yahoo is a different story. Yahoo has a terms agreement that says there is “No Right of Survivorship” and that accounts are “Non-Transferable.” Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted.

A few helpful advocacy groups are spreading awareness of “digital afterlife” issues and a quick online search shows that there is a growing industry of commercial services for online memorials, digital estate planning, post-mortem e-mail notification, and password storage systems.

If all this seems messy and mysterious, I will offer a few basic steps to manage your online affairs after death.

The first step

The first step is to inventory everything about your online life, such as your email accounts, Facebook, Twitter…everything. Use a speadsheet or create a table in a word-processing document. For each website, list the name, URL, your username and password. Include any additional information someone might need to access each account.

Be sure to state whether there is any money at stake in an account. For example, do you have any money sitting in your Paypal account? Do you have an ongoing business on eBay?

The second step

The second step is to check each site you use for their policy on deceased members and the access rights of heirs. Determine what authorization you may have to supply, if any, and put that information down on your inventory. If a site allows users to be memorialized after death, state whether you want that or not on your inventory. Do you want your heirs to be able to download your content or delete your account? Some accounts are deleted automatically if inactive for a period of time, so you should also note this information on your inventory. Remember, each site has different privacy and policy issues. Know your rights.

The third step

The third step is to notify your heirs about your intentions for your digital content. Do not share usernames and passwords, just let them know that you’ve created a document with detailed information about your digital possessions and tell them where you will keep that document once you print it out. A logical place for it would be with your will or other important papers. Do you know someone who can act as your digital personal representative? Maybe you have a favorite geek who could help your legal representative. Write it down.

Also, leave instructions about who to email about your death. Your email contact list could be lengthy, so it may be wise to print the list and cross out the names of the people you don’t want contacted.

Planning is tedious but crucial and your heirs will appreciate your considerate forethought.

Happy New Year from the Law Office of Debra G. Simms!

Debra G. Simms

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Estate Planning Law

You should periodically review your documents to make sure they are up to date. Has your family situation changed due to divorce or the birth of a grandchild? Do you need to change the people you have named as your fiduciaries? (Executor/Personal Representative) Who is your agent in your Power of Attorney? Is that still the person you most trust?

Sometimes documents need to be changed to conform to new laws. For example, the new health privacy rules may require a change in your Advance Health Care Directive or Power of Attorney? Does your Living Will include your wishes concerning food or water even if there is no hope of recovery? Have you planned to reduce estate or gift taxes?

Call our offices for a consultation to determine whether you need to revise your existing documents. For a estate planning consultation call 1-877-447-4667