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. One example includes Karen Williams, a Portland teacher who was blocked from her 22-year-old son’s Facebook account after Facebook learned he had been killed in a motorcycle accident.
SYK attorneys Victoria Blachly, Jeff Cheyne and Michael Walker are heading up the Oregon State Bar’s virtual assets work group, which has drafted a legislative proposal for statutory changes. Victoria was recently interviewed on FOX-12 (Fox affiliate) about the uncertainty surrounding personal assets when we die or become incapacitated.
Click here to read more blog posts about virtual assets.
