What Happens to My Emails, Social Media Content, Cloud Storage, and Online Accounts When I Die? Look to UFADAA and Federal Law

The accountholder may give broader or more restrictive access to the fiduciary.33 The default rule allows a fiduciary to access a catalogue of electronic communications, which could be useful in compiling an inventory of estate assets as part of the estate administration process. [...]if the executor finds the decedent received a monthly email message from a particular bank or credit card company, the executor can contact that company directly and request a statement of the decedent's account.34 Under the UFADAA, the legal duties imposed upon a fiduciary charged with managing tangible property also apply to the management of digital assets. The service providers may voluntarily comply by providing the content of electronic communications to the fiduciary; some courts may be willing to narrowly interpret SCA's electronic communication definition to require that an electronic communication be between two or more people; and service providers can be compelled under the act to provide access to other digital assets, such as a catalogue of electronic communications, domain name accounts, virtual currencies, online payment records, and other online records and accounts. [...]the UFADAA gives the fiduciaries the authority to access the computers and devices of the accountholder that are not in the custody of service providers or subject to TOS, including the digital assets saved on such computers and devices, even if communications. [...]Congress could amend the SCA to empower fiduciaries with the ability to compel service providers to provide access to and disclosure of the contents of electronic communications, thereby giving full force and effect to the UFADAA and the uniform laws passed by 40+ other jurisdictions. See, e.g., 18 U.S.C. 2711(2) "remote computing service," preceding note; See, also, Title I of the Electronic Communications Privacy Act, pertaining to interception of electronic communications (as distinct from stored communications governed by Title II (SCA), but which definitions are also applicable to SCA per 18 U.S.C. 2711(1)): 18 U.S.C. 2510(15) "electronic communication service" means "any service which provides to users thereof the ability to send or receive wire or electronic communications," and 18 U.S.C. 2510(14), "electronic communications system" means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic e