Oklahoma is ahead of the curve on fiduciary access to digital assets, but could fall behind in the next year.
Digital assets are electronic records, including emails, social media postings, online music, and documents stored in the cloud. When a user dies or becomes disabled, his executor, trustee, guardian, or attorney-in-fact may need to access the user’s digital assets. Some Internet service providers address these issues in terms of service. Often, the terms of service will conflict with state law, or with the user’s estate planning documents.