While we are alive and competent, access to and possession of "virtual assets" (i.e., Facebook, Twitter, Flickr accounts) and information poses no legal problems. However, at the death or incompetence of the owner, the fiduciary (personal representative, conservator or trustee) may find his or her authority under Oregon law non-existent or unclear.
Samuels Yoelin Kantor attorney Victoria Blachly is chairing an Oregon State Bar Work Group that has developed a draft legislative proposal for statutory changes. She recently appeared on KGW Newschannel 8 (NBC affiliate) to speak on this issue. Click here for a Virtual Assets Instructions Letter you can use to provide those you trust with access to your online accounts.
