Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) was promulgated by the Uniform Law Commission in 2016 in response to a lack of guidance as to what happens to a person’s digital assets (such as Facebook, Instagram, online banking) when they die or become incapacitated. RUFADAA helps to add clarity by creating a formal process to determine a fiduciary’s authority to access digital assets while also balancing privacy concerns and limiting unwarranted disclosure of private communications.
On Monday, May 8, 2017, the Joint Committee on the Judiciary heard testimony from three different panels on bills that deal with access to digital assets.
In the final panel, Joe Bierwirth, partner at Hemenway & Barnes, and co-chair of the Boston Bar Association’s Trust and Estates section, testified on behalf of the BBA and called for adoption of the full RUFADAA language.
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