Red Oak Legal, P.C.

When You Die, Who Controls Your Facebook Account?

By Raley L. Wiggins | Attorney at Law | Red Oak Legal, PC

Sometimes it can be hard to unplug. We spend our workdays and even our leisure time with our noses glued to the screens of the tiny little computers most of us carry in our pockets—computers which, I’m told, also happen to make telephone calls. 

For many, their smart phone is now the primary way they stay updated with important current events, like what their former high school classmates are having for dinner, the latest viral cat videos, and perhaps even their children or grandchildren. 

And nowhere can you find more of this kind of information than on Facebook.  The ubiquitous website that we all somehow lived without until just a few short years ago. 

But if you really can’t live without checking your Facebook account, what will you do after you die?  Surely the cumulative effect of all of those hours of liking, sharing, and pursuing your timeline will not be wasted?

Well fear no more.  Facebook now allows users to “memorialize” their accounts so that loved ones can continue to visit your page and reminisce.  As the company itself puts it:

“Facebook is a place to share and connect with friends and family. For many of us, it’s also a place to remember and honor those we’ve lost. When a person passes away, their account can become a memorial of their life, friendships and experiences.”

To allow your account to be memorialized, you’ll need to change some account settings while you are alive (perhaps while, ahem, you’re working on updating your other estate planning documents).  You’ll need to designate a “legacy contact” who is authorized to notify Facebook of your death.  Once your account has been memorialized, people will be able to write on your wall and even share details about planned memorials.  You may also allow that person to be able to download your photos and save them for your family. 

On the other hand, you may not want anyone snooping through your Facebook account after you’re gone, either.  You also have the option of having your account deleted at your death. 

To learn how to apply this settings, you can read the original article from Facebook at this link.

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Twenty Ways a Legal Mentor Can Save You Time, Money and Heartache: No. 9 – By exposing you to a broad base of knowledge…

By Jeff S. Barganier, JD

 

Everyone could benefit from a legal mentor: a trusted generalist with some knowledge of the law. The cyber attack on Sony Pictures in the news of late reminds me of a presentation I attended last year. The speaker was General Electric’s legal counsel with global responsibility for data security. Here’s some of what he had to say.

Organized crime and country driven cyber attacks have exploded. Data theft is now more profitable that drug trafficking. The effort is to steal your ID and then use it to steal your money. That may be less difficult than some think. Facebook and Twitter alone have over one billion users and “malware” is apparently a big problem for users of these sites. The speaker believed that the younger generation is especially vulnerable and has “zero awareness” of the dangers of the Internet.

Some of the more successful schemes utilized by Internet thieves include: free “gift” cards with a box saying “click here”; something he referred to as Scareware, a message citing urgency – click here or else! Quickly! Then there’s “stock fraud” – a message from a “friend” referencing some hot stock idea to check out; computer generated “catch” programs that just go out and out seeking someone off guard who will click a button without thinking; “viruses” that pose as human beings that “friend” you and steal your data. Defense workers, unfortunately, have been found to be especially susceptible to inquiries with sexy pictures attached. And one must be super serious about “cyber stalking.” It’s not a joke. Constantly posting online lets criminals know where you are and what you’re doing. On a positive note: a kidnapper was caught when he “tweeted” on his victim’s iPhone! Did you know that your smart-phone comes with geo-location-technology? An uploaded picture can tell stalkers exactly where you are unless you disable this GPS feature in your phone.

Everyone is watching you on the Internet. With whom do you have automobile or life insurance? Did you know that posting your “status” online may affect your premiums? Did you know that the IRS is “friending” people on Facebook? They’re not the only ones. The international police (Interpol), local police and creditors track people. Your data can and will be used against you! Companies can go after people who write negative information about others. Inappropriate pictures you take of yourself or your children can be used to blackmail you. (These pictures may be innocent to you but can be doctored.) A police officer was forced to resign when he posted “I like to arrest stupid people.” A lawyer got in hot water for posting “she’s an evil, unfair witch” about a judge. A nurse got in trouble for posting remarks about a serial killer for whom she was providing care. A waiter was fired for posting about getting a bad tip.

Company emails may be interpreted as endorsements. Securities firms must absolutely monitor the social media their financial advisers engage in to insure they’re not breaching strict communications rules. Discriminating over data you have no right to can get you sued. And, last but not least, if you’re visiting the European Community, remember, it’s against EU law to “tag” your friends in photographs.

Get the picture? Through an informed legal mentor you may access a broad base of knowledge, stay abreast of the changing world around you and, hopefully, practice preventative law—the best possible kind.

 

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Jeff Barganier spent 2.5 years in a bank trust department, 2 years as associate general counsel to a real estate securities firm and 17 years as a financial adviser. Today, he makes his living as an attorney, writer and entrepreneur. Click here to read his full biography.

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This is the 9th post in a 20 part series. If you missed the last post in this series, please click here to retrieve it.

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The opinions expressed in this blog post are the author's own, and do not necessarily reflect the opinion of Red Oak Legal, PC.

 

 

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Twenty Ways a Legal Mentor Can Save You Time, Money and Heartache: No. 4 - By helping you avoid being "soft" scammed...

Don’t Allow Mom to Be Scammed

 

By Jeff S. Barganier, JD

My client became a 24/7 caregiver after her mother experienced a stroke. She discovered that, prior to the stroke, her elderly mother had written a number of small checks to “Awards Commission.” My client was at first simply too busy caring for her mom to be concerned about these mysterious checkbook posts. Then one day her mom’s phone rang and she found herself talking with a man who asked why her mom had not responded to his letter and claimed her reward. The call was yet another attempt to obtain a small payment from her mother so her “award could be released to her.” My client insisted that the caller stop calling. But the calls to her mother’s phone continued relentlessly.

Subsequently, her mother received a very authentic looking check in the mail for $5,570 from “Hospice U.S.A.” The letter explained that the check was hers to deposit and would cover attorney’s fees and other miscellaneous expenses of claiming a two million dollar award from Publishers Clearing House. The letter warned the recipient not to disclose the letter to anyone lest the claim be invalidated. And, of course, when the recipient called the number in the letter, her bank account number would be requested as a prerequisite to depositing the check. The scammers would use this information to clean out her mother’s bank account.  

These scams, especially the one fraudulently using the name Publishers Clearing House, are criminal operations typically originating in other countries like Canada where the perpetrators are just beyond the reach of U.S. crime fighters. The elderly who live on fixed incomes and are eager for ideas to increase cash flow are particularly susceptible to these frauds. If you haven’t already had the conversation, you might consider discussing the issue of fraudulent calls and letters with your elderly parents. Legitimate awards never require a payment or the disclosure of personal identity information or account numbers in order to claim a prize.            

We took the authentic-looking check, placed it in a copier and made a copy. Guess what? The copy emerged with the word VOID all over the face of the otherwise convincing check. That’s exactly what a bank would have done just before handing it back to the presenter. Presenting the check might also open one to criminal allegations and damaged credibility. If it’s too good to be true it most often is not true. The Alabama Attorney General’s Office has a Consumer Fraud Division that may be helpful. The AG’s Web site reads:    

“If circumstances warrant, the Attorney General may initiate legal action, either civil or criminal, to represent the interests of the State of Alabama and to enforce the various laws designed to protect consumers from con artists and unscrupulous practices by businesses.”

The Attorney General also has a Consumer Hotline: 1-800-392-5658 or 334-242-7335. I have found these numbers helpful in reporting scams that target Alabama citizens. Unfortunately, these con artists are difficult to catch; so, be proactive and don’t allow Mom to be scammed.

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Jeff S. Barganier is an attorney, writer and entrepreneur.

Not Understanding Technology Can Cost You

By Raley L. Wiggins

The more technology promises to simplify our lives, the more it seems to complicate it.  Back in 2007, I remember mocking my then-girlfriend (now my wife) for standing in line to purchase a new-fangled iPhone. Specifically, I remember proclaiming to all who would listen—with a distinct heir of superiority—that all I needed my cell phone to do was make phone calls. 

Fast forward to today, and I am as addicted to (and dependent upon) my smart phone as anyone.

One of the many downsides of our heavy reliance on technology is that it increases our exposure and vulnerability to people who hope to do us harm.  The sheer amount of personal data that can be stolen with a few keystrokes is almost incomprehensible.  A burglar breaking into a bank can only get away with as much money as he can carry, but an online thief can steal millions of the binary strings of 1’s and 0’s that make up our online lives at a time.

Many Americans over 65 have embraced technology as a way to keep in touch with friends and family, but haven’t taken the necessary precautions to protect themselves. (It's Official: Facebook No Longer "Hip" with the "Young" People)  Failing to understand basic internet security can put anyone at risk but (at the risk of stereotyping) users “of a certain age” may be particularly vulnerable.

For example, do you use the same password for every website?  Or is your password “123456,” “qwerty,” “letmein” or one of the other insecure passwords on this list of The Internet’s 25 Worst Passwords, and What They Say About You?  Have you used the same password since 1997?

If so, consider this your wake-up call. 

As news of the recent Heartbleed bug has spread, it is apparent that many of the supposedly secure websites you use every day may have been compromised. (See The Heartbleed Hit List: The Passwords You Need to Change Right Now).  

Of course, remembering unique usernames and passwords for each website you use can be daunting.  Consider using a password management application like 1Password or LastPass to help strengthen your online credentials, while reducing the brainpower required to keep them all straight.

If you want a thorough rundown of password security, check out this post at Lawyerist. While the post is directed at attorneys, the information is useful for anyone interested in improving their passwords.  Consider applying some of the techniques it recommends for yourself, and your tech-challenged family and friends.  

10 Tips for Planning Ahead

How do you eat an elephant? One bite at a time, of course.

The task of “getting your affairs in order” can be overwhelming.  Perhaps you know that it involves pulling paperwork together, and maybe even talking to a lawyer.  But where do you start?

The first step is easy: read these 10 Tips for Planning ahead.

1. Ask Yourself: Who do You Love?

The first thing you need to ask yourself is: who am I making this plan for?  Let me help you eliminate one person from the list automatically—you.  Estate planning isn’t something you do for you, it’s something you do for the people you love.  So decide who it is you’re planning for. Don’t forget about children and grandchildren not yet born, and then consider whether you want to make any gifts to a church or other charity.

2. Who Will Care For You?

Review your list from number 1, above.  Are any of these people capable of caring for you if you become feeble or disabled?  People often overlook Long-Term Care planning as part of their estate plan.  The fact is, a nursing home in Alabama currently costs around $6,000 per month.  Without a plan in place to pay for your care, you may not have anything left to leave your family when you’re gone.  Consider long-term care insurance (even a little bit) and asset protection planning as part of a comprehensive plan.

3. Don’t Forget Uncle Sam

No, I’m not talking about your crazy uncle, I’m talking about the tax man.  Will you owe any Estate Taxes when you die? Have you considered the impact of capital gains on property you have held for many years?  This is the time to put your Lawyer in touch with your CPA and tell them to figure it out.  Get together all of your deeds, stock certificates, and other financial documents you may need in order to determine your tax basis.

4. Have a Plan for Digital Assets

These days it’s difficult to avoid being a part of the online world.  So ask yourself this: if you died today, does anyone know how to access your online accounts in order to wrap them up? Currently, every website is different, and the law hasn’t caught up to this area yet.  Consider using a paper plan (perhaps locked in a safe deposit box) to document your online accounts and passwords—not just your bank account or brokerage, but your social media and other accounts as well.

5. Decide Who Will Be in Charge

Everyone wants to maintain control of their own affairs so long as they are able. If you lose the capacity to manage your own affairs, one of two things will happen. If you planned ahead, then the Agent you hand-picked and named under your Durable Power of Attorney (“POA”) can step in and handle your affairs.  If you didn’t plan ahead and name an agent, then your family will need to go to the probate court and ask the judge to appoint a conservator to manage your finances. Of course, the judge might not pick the same person you would have had you planned ahead, not to mention the added expense.

6. BONUS TIP: Even if you have a POA, make sure it is drafted broadly enough to cover your actual affairs. Your agent only has the authority to do things specifically authorized by the POA, so if the document is not broad enough, a guardian or conservator may still have to be appointed by the judge.

7. Decide Whether You Want Life-Extending Treatment

I saw a piece on CBS’s 60 Minutes a while back that covered a study of doctors’ preferences for end-of-life treatment. It revealed that most of them don’t want to receive many of the life-extending treatments commonly implemented in hospitals today. The gist of the piece was that the doctors realized that giving treatment that extends a patient’s life for a short period of time—but that offers no hope of curing the patient—was not something they wanted to be subjected to.

You may assume that if you’re ill and in the hospital, your spouse or next-of-kin automatically has the right to make decisions on your behalf. The fact is, they do not.  Have an Advance Directive or Healthcare Power of Attorney in place to decide who will make decisions if you can’t. More importantly, give the people you choose some direction on when you would or would not want to receive life-extending treatment that would not cure you.

8. Understand HOW You Own Your Stuff

How you own your assets can make a big difference on whether your estate plan works the way that you hope it will.  For example, accounts which permit you to name a death beneficiary will pass to the named beneficiary regardless of what your last will and testament says.  Jointly owned property (such as a home, checking account, etc.) may pass automatically to the surviving joint owner on your death, or their share may pass to their heirs, depending upon how you own it.  The point is that having a last will and testament is not enough—unless you understand how your assets are titled, your estate plan may not work the way you hoped it would.

9. Write a Letter of Instruction

Properly passing your assets to your heirs requires certain formalities to be properly effectuated. But that doesn’t mean that they should need a lawyer to understand every minute detail of your affairs. Write a letter to your executor telling them what you think they need to know. Tell them where to find your important papers, and give the name of your accountant, financial advisor, attorney and any other people you work with. Imagine a loved one taking over your affairs tomorrow without any input from you. Ask yourself what they would need to know to get up to speed with and manage your affairs. That’s what should go in the letter.  NOTE – this kind of letter is not a substitute for a last will and testament, and won’t be legally enforceable as conveying any property.  The idea is to give your loved ones practical information about your affairs.

10. Do Something!

We started this piece by reminding you that eating an elephant is accomplished one bite at a time. The particular steps you need to complete to create an effective estate plan are going to depend upon your particular circumstances. So long as you do something, anything to work towards your goal, you may congratulate yourself for being ahead of the average person, who never takes the time to plan. While most of us leave estate planning for tomorrow, the fact of the matter is that we don’t know whether tomorrow will be too late.  So, what are you waiting for?

 

Red Oak Legal, PC - Estate Planning, Elder Law & Civil Litigation Attorneys

Located in Tuscaloosa, AL & Montgomery, AL 

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It’s Official: Facebook No Longer “Hip” with “The Young People”

Just a couple of years ago, I remember seeing a piece in the local news about a woman in her nineties who used Facebook to keep up with her kids and grandkids. It was considered news because at that time Facebook was seen among people of a certain age as a mysterious and colossal time-waster, only appropriate for college students and other “young people.”

Fast forward to 2014, and statistics indicate that use among U.S. teenagers has declined by over 25% during the last three years, according to this report in the Montgomery Advertiser.  By comparison, the number of users age 55 and older increased 80%, to over 28 million users. 

The over-55 demographic of course, do not generally rush out to adopt new technology.  But once adopted, new technology has a way of changing the way we go about our lives.  With a smart phone and a Facebook account, you can forever avoid the dreaded possibility of a tiny lapse in entertainment by checking out what your high school classmates had for lunch, ignoring Farmville requests, or whatever.

As we’ve written before, the law is still catching up with new technology.  For the most part, it’s hard to predict what will happen to your social media accounts after you die. Each website has its own policies, but most don’t have any way to know if and when a user has died. But consider this: all of those seemingly meaningless status updates or—dare we use the buzz-word of 2013—“selfies” may take on a little more poignant meaning after a loved one is gone.

Now, I’d like to take a moment to apologize to Mark Zuckerberg and the folks at Facebook for kicking them while they’re down.  If Facebook is losing ground among “the young people,” then writing about it on an estate planning blog certainly does nothing to help its case among teens. 

Finally, dear readers, if you haven’t already done so, please be sure to “Like” us on Facebook!  If you need help figuring out how to do it, I’m sure your kids (or grandkids) would be happy to help. 

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