Does Massachusetts Have A Digital Asset Inheritance Law? What You Should Know
Think about everything you do online. You may have a social media presence, cloud-stored photos going back years, online bank accounts, cryptocurrency, subscription services, and email inboxes full of personal and financial correspondence. Have you ever stopped to wonder what happens to all of it when you pass away? The answer may surprise you, especially if you live in Massachusetts.
Massachusetts Has Not Yet Passed a Digital Asset Inheritance Law
Most states have addressed this question by adopting the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), a model law developed by the Uniform Law Commission that gives executors, trustees, and other fiduciaries a clear legal framework for accessing and managing a deceased person’s digital assets. As of this writing, Massachusetts remains one of a small number of states that has not enacted RUFADAA or any equivalent statute. Legislation to adopt a version of RUFADAA has been introduced in the Massachusetts legislature multiple times but has not yet passed.
What does that mean for you? It means there is no specific Massachusetts law that automatically grants your executor or trustee the right to access your digital accounts. Instead, your estate must rely on general estate laws, the terms of service agreements set by each online platform, and whatever instructions you leave behind in your estate planning documents.
What Counts as a Digital Asset?
You may have more digital assets than you realize. Under RUFADAA’s framework, a digital asset is broadly defined as any electronic record in which a person has a right or interest. In practical terms, that covers a wide range of things, including:
- Email and messaging accounts
- Social media profiles and pages
- Online banking and investment accounts
- Cryptocurrency and digital wallets
- Cloud storage containing photos, videos, or documents
- Subscription services and loyalty program balances
- Domain names, websites, and digital business assets
Some of these have real monetary value. Others hold irreplaceable sentimental value. Without a plan, your family may have no way to access them.
The Problem With Relying on Platform Terms of Service
Here is where things get complicated. In the absence of a controlling state law, each platform’s terms of service agreement largely governs what happens to your account. Many of those agreements restrict account access to the original account holder and do not allow transfer. Even if your will clearly states that a specific person should receive your digital accounts, the service provider may not honor that instruction if it conflicts with their own policies. Some platforms, like Facebook and Google, offer their own tools that allow users to designate someone to manage or memorialize their account after death. Using these tools can provide some direction, but they are not a substitute for comprehensive estate planning.
How to Protect Your Digital Assets Now
Because Massachusetts has not passed a digital asset inheritance law, the burden falls on individuals to address this gap through their own planning. That means updating your estate planning documents to specifically reference digital assets and grant your fiduciary the authority to access and manage them. It also means keeping a secure record of your accounts and access information and reviewing the settings on platforms that offer legacy or inactive account tools.
At Fisher Law, LLC, we are here to help. If you have questions about protecting your digital assets as part of a broader estate plan, we encourage you to reach out to our team. The Norwood estate planning attorneys at our firm work with individuals and families throughout the Greater Boston area to put thoughtful, thorough plans in place. Please contact us today to schedule a confidential initial consultation.
