b'2021 State ReportUpcoming The SHI s mWashington Wire2022 WPMAEXPO The SHIELDELD smPresidential Sponsor for Business Owners WAIts Your Life& Educational Session Presenter Governor InsleeCONSIDER the Extends EmergencyImportance of DigitalAsset Planning Powers; Shuts OutLegislative BranchWhether you realize it or not, you probably have amassed a large number of digital assets throughout your lifetime. Digital assets in-clude anything that is created, communicated, sent, received, or storedTracy Ellis, who is the Audio- electronically. Think about all the photos, music, movies, and e-booksVideo Media Coordinatorfor the you have on your computer, smartphone, or in the cloud. Add to thatWashington State Senate Republicans, each of the accounts you have created to access online banking, e-mail,released information Tuesday that is shopping, or social media sites. These all make up your digital estate. absolutely shocking. The Department If something should happen to you, what happens to your digital ac- of Labor and Industries has created a counts and files? Who will have access to them? If your family wants tonew set of rules that could potentially preserve or download the content, will they be allowed to do so? Evenbe used by the Governor to extend his if you provide a list of user IDs and passwords to your heirs, accessingvaccine mandate to private businesses. someone elses online accounts may violate applicable terms of serviceRumor has it, Governor Inslee expects to agreements or state or federal law.announce in November a blanket vaccine In 2015, the Revised Uniform Fiduciary Access to Digital Assets Actmandate for all Washington businesses (RUFADAA) was created. The purpose of the act is to give individualsover 50 employees. The new rules created the opportunity to specify how and when the executor of their estateby L&I would allow Governor Inslee(or agent under a power of attorney) can access their digital accountsto do just that. This article is for or assets, subject to some limitations. To date, almost 45 states andAccording to Representative Schoessler: general information andthe District of Columbia have enacted this legislation and more are risk prevention only andL&I created these rules behind closed should not be consideredconsidering it.doors, in the dark, without any of the another other offer ofIf access to, and control of, your electronic files and accounts is impor- employer advocates even knowing it was insurance or legal, financial, tax, or other expert advice.tant to you, here are a few simple things you can discuss with yourcoming . He also said: The rules are so The recommendationsattorney to help ensure your executor has the access you desire: vague, that you could just about extend it herein may help reduce,Compiling a list of user names and passwords. Keep the list in a safeto anybody under any circumstances.but are not guaranteed to eliminate, any or all losses.place. Because this information becomes public record during theNoted political follower and blogger Ari The information herein mayprobate process, discuss with your attorney how to best include thisHoffman was able to dig up some infor-be subject to, and is not ainformation in your overall estate plan. mation on this story. He reported in his substitute for, any laws or regulations that may apply.Checking website policies. Some sites automatically close or deletework at The Post Millenial that Labor and This information is currentinactive accounts, while others will disable an account upon request byIndustries filed last week whats called as of its publication datethe family or executor. Certain websites offer an online tool that allowsan emergency package extending the and is subject to change. Some of the services refer- the user to specify how their account should be handled upon death oremergency powers of Governor Inslee.enced herein are providedincapacity and name a trusted person to access the account. ConsiderWhat do these new rules do? by third parties whollytaking advantage of these tools when available.independent of Federated.It grants him, according to elected officials, Federated provides accessLeaving instructions in your estate planning documents. Leave instruc- the power to extend his vaccine mandate to these services with thetions granting, or restricting, access to your digital accounts for yourto all private businesses. GOP House Reps understanding that neitherexecutor or agent in the appropriate estate planning documents such Federated nor its employeesas your will or power of attorney. Talk to your attorney about whetherJim Walsh of Aberdeen and Jesse Young of provide legal or otherGig Harbor condemned the move by Labor expert advice. All productsinstructions provided in a websites online tool or those in estate plan- and Industries, calling it a blank check and services not availablening documents will take precedence in the event of a conflict. for the agency to enforce Inslees edicts.in all states. Qualifiedcounsel should be soughtWhen creating or updating your estate plan, be sure to talk withMeanwhile Representative Walsh was with questions specific toyour attorney about how you want your digital assets to be handled. your circumstances. Planning now may help save your loved ones significant time andlocked out of his office in the HouseAll rights reserved. frustration in the future. Rep Building in Olympia, allegedly for Published Date: failing to provide proof of having gottenJuly 20, 2021 S a COVID-19 vaccine.44 www.wpma.com / Winter 2021'