Throughout the country state legislatures have debated this problem in an effort to reach a solution. The latest to do so is Illinois.
Its legislature is currently taking up a bill that would treat digital assets as physical assets, which would allow a court to appoint a trustee to access them. The bill is strongly opposed by technology companies and privacy groups who think the bill would be a violation of the deceased’s privacy.
The State Journal Register has more on the debate in Illinois in an article titled “Bill would treat deceased’s online accounts like physical assets.”
This is not a debate that is going away soon.
It will likely take years for any sort of consensus to develop throughout the country. In the meantime, it is important to talk to your estate planning attorney about what you can do to ensure that your digital assets are handled appropriately in your estate.
