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April 2, 2024
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Tales from the Crypt 2: Fiduciary Denied Access to Credit Union Accounts

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In January of 2024, Mr. Holland sued Signal Financial Credit Union when he, the Executor and Financial PoA of his late cousin’s estate, found himself incapable of accessing two accounts she had with the credit union.

March 27, 2024
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Tales from the Crypt 1: Apple does not bother responding to parents of 24-year-old decedent whose cause of death was ‘undetermined’.

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In 2016, Ryan Coleman tragically passed away at the ripe age of 24. Today, we will discuss the hurdles his administrators faced in trying, and failing, to gain access to important data on his iPhone.

March 25, 2024
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Lawyers Fear For Inheritances Locked in Digital Accounts

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The digital world makes estate inheritance for the unprepared a nightmare. Unfortunately, nearly everyone is ill prepared for password resets, digital account tracking, identity verification, and more.

February 27, 2024
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Denied Access to Deceased Spouse’s Emails

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In 2017 Ricardo Serrano’s partner found themselves scrambling to get access to their late husband’s contacts and calendar information so they could inform his friends and family of his passing. Practically nobody maintains a physical address book, and neither did Mr. Serrano.

February 21, 2024
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Digital Succession for Google

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One of the most painfully overlooked elements of estate planning is managing the transfer of digital data and accounts. With the loss of a loved one, pictures, messages, videos, and access to hundreds of web services are often lost as well.

February 15, 2024
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Digital Estates are a Disaster

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Six years ago, my father tragically passed away in a traffic accident and I, his then 19 year old son, was appointed as the executor of a very messy estate. I found myself unable to recuperate important documents and memories.

January 25, 2024
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How Powerful is Apple's Legacy Contact?

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Our phones store some of our most meaningful moments and interactions. From photos to text messages and notes, we inadvertently document our lives on our devices. This is why Apple came out with a Legacy Contact option a few years ago.

December 19, 2023
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Digital Memories: What Happens to iCloud Photos When Users Pass?

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Photo albums are a quintessential family heirloom. Large binders filled with glossy film photos sit in most people’s cosets, holding valuable memories passed from one generation to the next.

December 14, 2023
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How to Make a Digital Estate Plan

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The wide gap between a digital asset clause in a planning document and a fiduciary actually accessing accounts is a necessary and often overlooked piece of a good digital estate plan.

November 29, 2023
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Estate Planning for Cold Storage Crypto

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Your client just told you “I have a cold storage device for my cryptocurrency”, what do you do? In the inevitable cycle of life and wealth, a recent reality has become clear: if living people own cryptocurrencies, so do the estates of deceased individuals.

November 22, 2023
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UFADAA, Revised: What Is RUFADAA?

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In 2014, the Uniform Law Commission drafted UFADAA - the Uniform Fiduciary Access to Digital Assets Act. UFADAA’s goal was to aid fiduciaries in the inventory, reporting, and distribution of digital assets. Later ULC proposed a revised version of the statute, RUFADAA (Revised UFADAA.)

October 26, 2023
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Hawaii's DCIL and Estate Planning

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Hawaii launched the CIL (Digital Currency Innovation Lab) program in 2020 to pre-empt digital asset regulation in the state. The program’s uncertain renewal could pose a problem for fiduciaries who aren’t aware that the end of DCIL would lead to the closure of the grantor’s accounts.

October 4, 2023
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BitLicenses, MTLs, and Trust Charters

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Crypto regulation is difficult and contentious. The SEC has been wrestling with crypto entities for a long time, but other regulators have also set up hoops on centralized crypto companies in an attempt to protect consumers.

September 25, 2023
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RUFADAA's Blindspots

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RUFADAA, the Revised Uniform Fiduciary Access to Digital Assets Act, has been enacted in most states as a measure to support the passing on of digital assets as part of an estate. Digital assets are difficult to pass on for a plethora of reasons.

September 19, 2023
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Where and How are Cryptocurrencies Stored?

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Cryptocurrencies are an important emerging asset class, however most legal and financial professionals don’t know enough about these assets to answer client’s questions meaningfully.

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