01.11.08
Does your Last Will and Testament cover email?
I received an email newsletter from an attorney colleague of mine, Darity Wesley, who owns a company called
Her email said “By now most everyone knows, or should know, that sending an email is about as public a statement as you can make. That email can be forwarded around the world several times over within hours. This is particularly important to remember in a business context. Yes, while email is great for documenting facts, figures and tasks, it is not so good for recording personal subjective topics or things that should remain private. Rule of thumb - write any email as though anyone might read it.
But, here’s something that not many people are aware of: Who owns the email you send? Answer: The Internet service provider!”
What does this mean to us? I don’t know about you, but I keep emails for years. Interesting links, photos, communications with clients, tax records, all stay in folders so I can refer to them as needed. When I move on (to a hopefully better place) I want my family to have access to it all. But, because of the first-rate privacy policies of AOL, EBay, G-Mail, Yahoo, etc., my heirs would have to fight for access to needed information.
Darity suggests, that we make sure we have a known place where passwords are kept, possibly along with other estate information, and we should clearly state how to handle emails and computer information in our will. Whether or not you want email info available to others upon death, specify that in your will. What does your Last Will and Testament say about email? I know I am going to add passwords and rights to email in mine. Thanks, Darity, it never would have occurred to me.