It’s more than likely that you navigated to this blog post from Facebook, the most popular social media platform on the web. According to several statistical studies, over 2 billion people worldwide actively use Facebook. In the United States alone, nearly 75% of the population uses the social network. Those are some pretty eye-opening numbers. Every Facebook account, as you know, is protected by a password and some other security measures. Unless you’re an experienced hacker, it’s pretty hard to access someone else’s account. My question, then, is what happens to someone’s Facebook account when they pass away? And, on top of that, what can you do now to protect your account’s future privacy?

I’ll never forget when someone in my high school passed away due to a tragic car accident. It was so surreal, seeing their picture in the obituary section of our town’s newspaper and holding a moment of silence for them at one of our school rallies. Time passed, and people grieved. Then one day, I stumbled upon their old Facebook page. People had left comments on their wall, expressing their sadness and sharing prayers, but I just felt so weird. Their profile picture was still up. Their old posts were still there. Shouldn’t Facebook do something about this? But, I realized, that account was one out of billions - how would they know this specific person was gone?  

Wanting to learn more, I found Facebook’s policy on this sort of situation in their help center.  There are several measures one can take both for somebody else after they have passed and for oneself before something happens. Acting on behalf of someone who has passed first requires that you contact Facebook and let them know of the deceased person. You can either request that they memorialize the user’s account, or that they delete the account entirely. You might, however, need to prove that you're a family member. Memorializing an account keeps it secure, but also allows friends and family to continue to share memories about that person. This, according to Facebook, is their policy of choice when it comes to deceased users.

If you’re interested in protecting your own Facebook profile, Facebook recommends either appointing a legacy contact to look after your memorialized account, or straight up deleting your account then and there. Now, to me, that second option seems a little ridiculous for people who use Facebook regularly. Appointing a legacy contact, then, appears to be the best option for us. This person won’t be able to access your account in any form while you’re alive. Like a Power of Attorney, they’ll only take control when you’re no longer able to.

We live in an interconnected, increasingly online world that has more than one social media platform. Twitter, Instagram, and Google all have different policies for deceased users. I recommend checking out their help pages if you want to protect your account there. Once you start digging deeper, however, you'll probably realize just how many online accounts and passwords you have, and how complicated it might be to set up a legacy contact or some other equivalent for each site. Thus, ADK Heritage Law's strategy is to give clients the option to include powers for digital assets (i.e., all those online accounts) in your trust or power of attorney. Protect everything, even if you think that Gmail account in which you only ever receive spam isn't even important - because it probably is, at least in terms of your privacy.

Until next time,
Nicki

My first dog’s name was Simba. He was a short-haired chihuahua who hated other dogs, barked at strangers and the wind, and could not be trusted off his leash. My second dog, Chachi, was very much the same. I loved those dogs, and I will always remember them as irreplaceable parts of my family. In my experience, it seems that everyone I know who has a pet, whether it’s a dog, cat, or snake, shares my sentiment. I’m pretty sure you, too, might agree that pets are part of the family. So my question is, if estate plans always include children, spouses, or other family members, where’s Fido?

As Rachel Hirschfeld explains in her article titled Estate Planning Issues Involving Pets, there are three documents one must consider during the pet estate planning process. The first document is a basic will, which is a part of pretty much every estate plan. It can be useful for outlining how to distribute your property, but there are some downfalls that come with it. For example, wills cannot enforce specific demands or instructions, such as requiring that funds for the pet’s care are distributed over time rather than all at once. Also, wills are not always enacted immediately, so there might be a waiting period during which the pet is uncared for. In some states, pet provisions in a will are “honorary.” This means the trustee is not actually required to follow the instructions you leave behind for your pet.

Since a will doesn’t cover all the bases, Hirschfeld suggests using a pet trust and a pet protection agreement for additional protection. A pet trust pretty much solves the issues that a will neglects. It can also outline instructions for incapacity. If, for example, you get sent to live in a nursing home or other care facility, a pet trust can ensure that you and your pet stay together. A pet protection agreement, meanwhile, allows you to make specific and detailed arrangements for your pet’s care on a simple and straightforward document. Although neither of these documents is required for an estate plan involving pets, they can provide you with a greater peace of mind about your pet’s future.

Like choosing a trustee for a regular trust, choosing one for a pet trust is equally important. You don’t want to name your aunt who’s allergic to fur as trustee, or pet guardian, of your 3 cats. Pick someone who you trust will either personally take care of your pet, or who will faithfully follow the instructions you leave for your pet’s care. You can even choose a pet organization. Either way, don’t forget to include a successor pet guardian in case the person you choose refuses or is unable to take care of the pet.

Of course, I get that these legal costs can add up. Something to consider, though, is that a pet trust doesn’t have to be a standalone document. It can be added to a regular trust; you just have to talk to your attorney about it. Additionally, if you don’t want to do a pet trust, a pet protection agreement can be drafted by you using online resources, but you’ll likely want to get it notarized to make it enforceable. Check out these free templates of the agreement. Also, feel free to read Hirschfeld’s article for more specific details about estate planning for your pets.

Best regards,
Nicki

​