Document Type
Article
Publication Date
2014
Publication Information
68 University of Miami Law Review 385 (2014)
Abstract
This article discusses four types of fiduciaries, each of which is affected by the vast growth in and the need to manage digital property. The article begins by defining digital property and discussing why it must be managed. The article then discusses how digital property affects powers of attorney, conservatorships, probate administration, and trusts. After illustrating the problems that digital property creates for each fiduciary, the article shifts to resolving these problems. It begins by debunking purported solutions by both private and governmental entities. It concludes by offering a holistic approach to resolving the conflicts facing account holders, fiduciaries, and service providers and providing the level of security sought in fiduciary property management, as well as a best-practices approach in the interim to a complete solution.
Repository Citation
Kunz, Christina L.; Riehl, Damien A.; Lamm, James D.; and Rademacher, Peter J., "The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property" (2014). Faculty Scholarship. 262.
https://open.mitchellhamline.edu/facsch/262
Comments
© James D. Lamm, Christina L. Kunz, Damien A. Riehl & Peter John Rademacher 2014. You may not copy or distribute any part of this material without the authors' permissions, except as permitted by copyright law. Please direct any requests for permissions to copy or distribute this material to the copyright holders. This material should not be construed or relied upon as legal advice or opinion on any specific facts or circumstances. This material is intended for general educational and informational purposes only, and readers are urged to consult with an attorney licensed to practice in their state concerning their own situations and any specific legal questions they may have.