The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property

37 Pages Posted: 8 Apr 2014 Last revised: 15 Apr 2014

See all articles by James Lamm

James Lamm

Gray Plant Mooty

Christina L. Kunz

Mitchell Hamline School of Law

Damien Riehl

Robins, Kaplan, Miller & Ciresi L.L.P.

Peter Rademacher

Mitchell Hamline School of Law

Date Written: April 7, 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.

Keywords: fiduciary, digital property, powers of attorney, conservatorship, probate, trust

Suggested Citation

Lamm, James and Kunz, Christina L. and Riehl, Damien and Rademacher, Peter, The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property (April 7, 2014). University of Miami Law Review, Vol. 68, No. 2, 2013, Available at SSRN: https://ssrn.com/abstract=2422081

James Lamm

Gray Plant Mooty ( email )

80 S 8th St # 500
Minneapolis, MN 55402
United States

Christina L. Kunz (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

Damien Riehl

Robins, Kaplan, Miller & Ciresi L.L.P. ( email )

800 LaSalle Ave.
Suite 2800
Minneapolis, MN 55402
United States

Peter Rademacher

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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