Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S930

Introduced
2/16/23  

Caption

Relative to access to a decedent's electronic mail accounts

Impact

The proposed legislation amends the General Laws of Massachusetts by incorporating the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act. This framework allows fiduciaries, such as personal representatives and conservators, to gain access to a decedent's digital assets, including email accounts and social media profiles. The bill is intended to bring the management of digital estates in line with conventional estate planning processes, giving clear procedures for accessing digital communications and assets while maintaining certain privacy protections.

Summary

The bill S930, titled 'An Act relative to access to a decedent's electronic mail accounts', aims to establish a legal framework for managing the digital assets of deceased individuals in Massachusetts. This legislation seeks to ensure that executors, personal representatives, and fiduciaries can access the electronic communications and digital properties of a decedent. By stipulating the responsibilities and rights of custodians and fiduciaries, the bill provides clarity on how digital assets will be treated in the context of a person's estate management.

Contention

While the bill aims to facilitate the management of digital estates, it also raises concerns regarding privacy and the potential for misuse of access rights. Proponents argue that the bill helps streamline the process for executors and fiduciaries to fulfill their duties, especially as more assets are held digitally. However, critics express worry about how the access to digital communications might infringe upon the privacy of the deceased and could lead to conflicts among family members over digital assets. These tensions highlight the need for careful implementation and adherence to privacy protections within the bill.

Companion Bills

MA S2612

Replaced by Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to judicial matters.

Similar Bills

CA SB1458

The Revised Uniform Fiduciary Access to Digital Assets Act.

LA HB1118

Authorizes certain fiduciaries to exercise control respecting the digital property of decedents and other certain persons

CT HB05606

An Act Concerning The Connecticut Revised Uniform Fiduciary Access To Digital Assets Act.

MA H1855

For uniform fiduciary access to digital assets

MA H1641

For uniform fiduciary access to digital assets

MA H1748

Relative to access to a decedent's electronic mail accounts

MA S1048

Relative to access to a decedent's electronic mail accounts

MA H1968

Relative to access to a decedent's electronic mail accounts