There are only a handful of service providers that have incorporated online tools addressing death. Google is one of the providers who was early in creating a User Tool, called Google’s Inactive Account Manager.

To understand, we have to look at the law in California. You can read more about the law here.

The digital asset law creates a 3-tier system for handling digital assets. It also determines who can access them when a user has passed away. A user is the person who held the account. For example, John has a Google account. John is the “user” and Google is the service provider.

So, for example, if John (as the User) passes away, this law tells the service provider how to handle John’s Google account after John’s death.

Tier 1

At the first tier, the service provider follows the intent the user has expressed using an online tool.   For example, John has used Google’s Inactive Account Manager and has instructed that he wants his entire Gmail account deleted. John’s intent is clear, and he has used an online tool. The service provider will follow these instructions.

Tier 2

If no online tool, such as Apple Legacy Contact, has been used, but the user has made his intent clear in his estate plan, like a will or trust, the service provider will look to those instructions instead.

Tier 3

If no instructions are made in your estate plan, then the service provider’s Terms of Use will dictate what shall be done.  For example, prior to Apple Legacy Contact, Apple’s terms use required a court order before the account could be transferred over to anyone. This is a lengthy and stressful process which involved going to probate court.

Google’s Inactive Account Manager

Google’s Inactive Account Manager is a robust system which allows you to designate what happens to your Google Account.

How Inactive Account Manager works:

You can activate the Inactive Account Manager in your MY ACCOUNT settings. You will be asked to decide:
  1. When the account should be considered inactive. You will be given a choice of 3, 6, 12 or 18 months of inactivity before Google takes action on your account.
  2. You can choose up to 10 people for Google to notify if your account is inactive. The notification email will contain the data you want to share and links they can follow to access them.
  3. After inactivity, Google will give the designated contact 3 months to download the content before deleting your account (which includes public account).

 

So, if you have not done any digital planning, make sure you are taking advantage of User Tools offered by many servicers such as Google and Apple, otherwise, your account will likely be deleted pursuant to the terms of use. It is imperative that you have an estate plan in place that also considers digital assets and accounts. Contact our office for a free consultation at (818) 649-9110.