Death and Your Digital Legacy February 15, 2014 Western Business Education Association Oregon Business Education Association Jim Birken

Gift Planning Manager, Linn-Benton Community College, Albany, ORGift Planning Manager, Linn-Benton Community College, Albany, OR Director of Gift Planning, Retired from Western Oregon University, Monmouth, OR,Director of Gift Planning, Retired from Western Oregon University, Monmouth, OR, Director of Finance, WOU FoundationDirector of Finance, WOU Foundation Master’s Degree in Public Administration, USCMaster’s Degree in Public Administration, USC Past President, Northwest Planned Giving RoundtablePast President, Northwest Planned Giving Roundtable Not an attorney, no legal advice is provided, please consult your own professional advisorNot an attorney, no legal advice is provided, please consult your own professional advisor

Gift Planning More complicated giftsMore complicated gifts Wills, Charitable Trusts, Estates, Charitable Gift AnnuitiesWills, Charitable Trusts, Estates, Charitable Gift Annuities Life Income Plans which provide cash to the donor(s) for life and then benefit the charity.Life Income Plans which provide cash to the donor(s) for life and then benefit the charity. Wills are most important tool for gift planning and asset management.Wills are most important tool for gift planning and asset management. Can use Living Trust in addition to WillCan use Living Trust in addition to Will

Your Will Provides instructions for your personal representativeProvides instructions for your personal representative Directs disposition of valued assetsDirects disposition of valued assets To Heirs and DeviseesTo Heirs and Devisees To CharitiesTo Charities New problem, what about non-physical, non-monetary assets?New problem, what about non-physical, non-monetary assets? Digital assets on your computer and in the “Cloud”Digital assets on your computer and in the “Cloud”

Digital assets All of your files on your computer, tablet, and/or phoneAll of your files on your computer, tablet, and/or phone Soft assets such as Facebook postings, , or pictures on your computerSoft assets such as Facebook postings, , or pictures on your computer Real dollar value assets stored elsewhereReal dollar value assets stored elsewhere Online bankingOnline banking PayPalPayPal AmazonAmazon BitcoinsBitcoins

Assets in the “Cloud” at Google, Yahoo, etc. at Google, Yahoo, etc. Pictures on Picasa, Shutterfly,Pictures on Picasa, Shutterfly, Instagram, or FlickrInstagram, or Flickr AmazonAmazon Audible recorded booksAudible recorded books Kindle booksKindle books Who can access these?Who can access these?

Social Media Two issues:Two issues: Accessing information you wish to preserveAccessing information you wish to preserve Deleting information that is harmful or no longer usefulDeleting information that is harmful or no longer useful Face BookFace Book GoogleGoogle On-line bank accountsOn-line bank accounts Web SitesWeb Sites

Web Sites Sites that you own are personal property and may be willed to another and are transferred in your estateSites that you own are personal property and may be willed to another and are transferred in your estate ProblemsProblems Should the website shut down, or remain active?Should the website shut down, or remain active? Who has the user name and password?Who has the user name and password? What is it? Is it a license instead of ownership?What is it? Is it a license instead of ownership? Complicated end-user agreementsComplicated end-user agreements

Account Access Can anyone else but you legally get into your files?Can anyone else but you legally get into your files? May depend on the user agreement with the providerMay depend on the user agreement with the provider May depend on applicable federal lawMay depend on applicable federal law 1.18 USC Ch. 121: STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS 2.COMPUTER FRAUD AND ABUSE ACT State laws are not keeping up with current situationState laws are not keeping up with current situation Oregon’s bill SB54 failed in last legislative sessionOregon’s bill SB54 failed in last legislative session Uniform code is being propose for all statesUniform code is being propose for all states May need new federal law to over-ride conflictsMay need new federal law to over-ride conflicts

Account PasswordS

Password Managers Needed for my aging brainNeeded for my aging brain Primarily a database of sites, usernames and passwordsPrimarily a database of sites, usernames and passwords Generates secure passwordsGenerates secure passwords Lets you keep information private during your lifetime and then provide access for your personal representative when needed.Lets you keep information private during your lifetime and then provide access for your personal representative when needed. Such access may not be properSuch access may not be proper

Password Managers One PasswordOne Password MemengoMemengo Last PassLast Pass DashlaneDashlane

Pitfalls for Personal representatives Passwords and user ID’sPasswords and user ID’s EncryptionEncryption Federal and State Laws regarding “unauthorized” access to dataFederal and State Laws regarding “unauthorized” access to data Federal and State laws regarding privacyFederal and State laws regarding privacy

handouts Suggested Password Manager programsSuggested Password Manager programs Resources for more informationResources for more information Google Executor’s formGoogle Executor’s form Genealogical WillGenealogical Will