Digital Assets: Access after Disability or Death

Estate Planning for the High Tech World In our technology-driven environment, many of us have created “digital assets.”  Digital assets include many types of things such as music, videos, medical records, financial statements, or photographs.  These items may be stored on a computer hard drive, online, or in the “cloud.”  Digital assets may also include accounts on social media websites, e-mail accounts, or merchant websites including credit card companies that offer rewards in the form of points that can be applied to purchase certain goods and services. The world of digital assets can become complicated if the owner of the assets is either deceased or lacks capacity to access to these assets.  It is not unheard of, for example, to receive a notice on a LinkedIn list of a person’s work anniversary years after the person has died.  This is obviously an unsettling event.  What can or cannot be done in these types of situations? Digital assets are governed primarily by terms of service agreements between the owner of digital assets and the provider of services related to digital assets.  Most of us have had experience simply clicking the “agree” button with a provider of digital assets, but equally, most of us do not read the extensive and complex terms of service agreement.  It cannot be assumed that what is included, for example, in a terms of service agreement for Southwest Airlines is the same for Delta Airlines.  Awareness of the contents of the term of service agreement for each digital asset in a portfolio will be informative about how to access a digital asset. Both federal and state...

New Law Untangles Health Care and Divorce

NEW LAW UNTANGLES HEALTH CARE DECISIONS FOR DIVORCING SPOUSES As of October 1, 2017, legislation that will likely change the drafting of separation and marital settlement agreements is in effect. This new law, is entitled Health Care Decisions Act – Advance Directives and Surrogate Decision Making – Disqualified Individuals. The new law imposes prohibitions on specific individuals from serving as health care agents or surrogate health care decision makers for their spouses. The individuals who would be disqualified are those who – in relation to the patient – are subjects of protective orders. But this new law goes beyond cases involving domestic violence. The new law also disqualifies a spouse when he or she has signed a separation agreement with the patient or when an application for divorce has been filed by either the patient or the spouse of the patient. The impact of this new law may only affect a small number of divorcing couples, but it is nevertheless an important change. While it is not a universal phenomenon, in the event of a serious medical crisis, most people who are separating or divorcing would prefer to have someone other than an estranged spouse serve as his or her health care agent or surrogate health care decision maker. Before this new law went into effect, a spouse was deemed to be automatically the first in line as a “surrogate decision maker” for health care matters if the patient had not previously executed an advance directive. The new law may permit a spouse to serve as a health care agent following the execution of a separation agreement or filing...

This Day in History

On October 18 day in 1767, Charles Mason and Jeremiah Dixon complete their survey of the boundary between the colonies of Pennsylvania and Maryland. From This Day in History ​on​ the History channel.

Howard County’s 19th Annual 50+ EXPO

​The ​Howard ​County 50+ expo ​is ​Friday, October 20th at Wilde Lake High. Parking at Columbia Mall with free shuttle. Free seminars on keeping yourself safe, grandparenting and caregiver stress management. On the second floor, shop for handmade holiday gifts at Art with a Purpose. The 2018 Howard County Office on Aging and Independence Resource Guide is available. Get yours at the 50+ expo, office of aging, 50+ center, Howard County libraries. For more info visit...

Post Divorce Estate Planning

TYING UP LOOSE ENDS After the dissolution of a marriage, the last thing most people want to do is think about estate planning. With all the ups and downs associated with separation and divorce, it certainly is not a fun thing to plan for the distribution of property after one’s death. And yet, viewed from a different perspective, this fundamental life changing event can be a particularly good time to reflect on what is important to each of us and how we would like to be remembered by those who follow us. With some thoughtful preparation, recently divorced people can use the immediate post-divorce period to draft some basic estate planning documents consistent with their new legal status. The severing of the legal relationship between spouses has a major impact on estate planning. In Maryland, following a final divorce, the provisions made by the writer of a will regarding his or her former spouse are revoked by operation of law, unless there are alternative provisions in his or her will or there is language in the final divorce order to the contrary. While this affords us some measure of protection, as one might expect, relying solely on the legal default mechanism contained in the Estates and Trusts Article of the Maryland Code is likely not sufficient. Single people with minor children may have special concerns about the management of funds on behalf of their minor children. And as a general matter, because property is not exclusively passed through a will, it is essential to pay careful attention to titling of assets and forms designating beneficiaries for certain property such...