As more of our lives move online—from banking and photo storage to emails and social media—it’s important to think about what happens to those digital accounts after we’re gone. In Michigan, there’s a law that helps answer that question: the Fiduciary Access to Digital Assets Act.
What Is the Michigan Fiduciary Access to Digital Assets Act?
Passed in 2016, this law allows your fiduciaries—like your personal representative, trustee, or agent under a power of attorney—to access and manage your digital assets if you become incapacitated or pass away. It’s Michigan’s version of a national law called the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), and it helps ensure your digital life doesn’t get lost or locked away forever.
Why This Matters for You and Your Family
Without this law—and without proper planning—your loved ones might not be able to access your online accounts, no matter how important they are. Think of family photos saved to the cloud, financial records in your email, or even shutting down your social media accounts to prevent identity theft. This law helps your fiduciary gain access—but only if you’ve given them the proper authority.
Three Ways to Grant Access to Digital Assets
To ensure your fiduciary can access your digital life, you’ll want to:
1. Use online tools: Platforms like Google and Facebook let you name someone to manage or close your account after death.
2. Update your estate plan: Make sure your will, trust, and durable power of attorney include digital asset provisions.
3. Understand terms of service: If you don’t plan ahead, each company’s terms will control what happens to your account.
What Kind of Access Can a Fiduciary Get?
The law separates access into two categories: the ‘catalogue’—which is basically metadata, like who you emailed and when—and the ‘content,’ which is the actual message or file. Your fiduciary needs your explicit permission to access the content. So it’s not enough to just name someone in your will—you have to be clear about what they can access.
What Should You Do Now?
Here’s a simple checklist to get started:
• Make a list of your digital accounts and where they’re stored.
• Consider using a secure password manager.
• Review and update your estate planning documents.
• Talk to your estate planning attorney to make sure everything is done correctly.
If you have questions or need help updating your estate plan to include digital assets, we’re here to help. At Doyle Law PC, we make sure every piece of your estate—digital and otherwise—is covered.