As we rush headlong into the 21st century, technological advances create new issues when someone passes away. What will happen to someone’s social media presence after they pass? This question has received media attention lately after Facebook announced its new legacy feature in February.
Essentially, Facebook allows you the option of either having your account deleted at your death or memorialized. Choosing to have the page memorialized essentially freezes your account, and the word “Remembering” is added before your name. If you choose to memorialize, you must choose a legacy contact. Your legacy contact is allowed to do things like post messages, respond to friend requests. These posts will not under your name, but the name of your legacy contact. Additionally, your legacy contact cannot log into your account, remove or change past posts, photos and other things shared on your timeline, read messages you've sent to other friends, or remove any of your friends. You can select whether or not to give your legacy contact access to your account’s data archive (e.g. for downloading pictures, old posts, etc.) For more information, see Facebook’s explanation.
Having access to someone’s social media page after they pass away would allow for effective communication of memorial services or other announcements to friends and relatives. Additionally, Facebook serves as the modern day photo-album; having access to a Facebook page after death allows loved ones to download cherished family photos. While this feature is an improvement, there are still certain shortcomings. For example, as of the date of this post, it is not possible to name a Legacy contact who is not on Facebook.
Social media creates new issues for estate planning. For example, say someone names one person a legacy contact for their Facebook account, and a different person as their personal representative under that person’s will. It is an interesting question at this point who would have greater authority to control decisions related the Facebook account: the legacy contact or the personal representative? On Facebook’s page explaining the data archive they state, “Facebook may provide access to this type of information [old messages, photos, etc.] in response to a valid will or other legal
consent document expressing clear consent.”[1] How Facebook interprets as ‘clear consent’ in a will or other document may certainly prove to be a heated issue in coming years as access to Facebook accounts become a bigger and bigger part of people’s lives.
You should investigate your own estate planning documents to see if social media is adequately addressed. As social media becomes an ever increasing portion of our lives, it accordingly affects of our estates. Proper estate planning will address these issues.
This is not intended to be legal advice and does not form an attorney-client relationship with any reader.
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