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Who takes over your social media when you die?

Who takes over your social media when you die?

The answer to that question might depend on the specific policies and instructions you have set in place.

If you have designated a digital executor in your will or estate plan, they may take control of your social media accounts and make decisions regarding their management.

Alternatively, some social media platforms have policies in place for what happens to accounts after the user’s death.

For instance, Facebook allows users to specify a legacy contact who will have limited access to the account after the user passes away.

It is always a good idea to clearly communicate your preferences to your loved ones and ensure you have made the necessary arrangements for the management of your social media accounts after your death.

But at the end of the day, are your instructions or preferences really going to be enough with regard to allowing others to manage your digital affairs?

Under the Montana Code Annotated 2021 TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS — Chapter 31, Part 4, there are legislated procedures for administering your digital assets. It’s called the Uniform Fiduciary Access to Digital Assets Act, and it pretty much spells out what may be involved when dealing with a deceased person’s digital assets.

Not all states have this sort of legislation enacted of course, leaving the administration or reconciliation of digital assets up to the likes of Google or Facebook or Uncle Joe.

As far as the actual legislation is concerned, we can sort of thank the Uniform Law Commission.

The Uniform Law Commission (ULC, also known as the National Conference of Commissioners on Uniform State Laws), established in 1892, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.

Back in 2014 a standardized framework for this legislation was written and was pitched to the states for potential adoption. So far, 47 states have enacted the revised 2015 version and one state, Delaware, has enacted the original 2014 version.

California (why am I not surprised), Louisiana, and Oklahoma have yet to even consider either version of the legislation.

“Our email accounts are our filing cabinets these days,” said Suzanne Brown Walsh, a Cummings and Lockwood attorney who chaired the drafting committee on the original bill. But “if you need access to an email account, in most states you wouldn’t get it.”

This kind of legislation has met it’s fair share of opposition in the past of course, with privacy advocates frustrated with the whole process, who say people shouldn’t have to draft a will to keep their mom from reviewing their online dating profile or a spouse from reading every email they ever wrote.

Ginger McCall, associate director of the Electronic Privacy Information Center in Washington, said a judge’s approval should be needed to protect the privacy of both the owners of accounts and the people who communicate with them.

“The digital world is a different world” than offline, McCall said. “No one would keep 10 years of every communication they ever had with dozens or even hundreds of other people under their bed.”

Most people just assume they can decide what happens by sharing certain passwords with a trusted family member, or even making those passwords part of their will. But in addition to potentially exposing passwords when a will becomes public record, anti-hacking laws and most company’s “terms of service” agreements prohibit anyone from accessing an account that isn’t theirs. That means loved ones technically become criminals if they log on to a dead person’s account.

“This is something most people don’t think of until they are faced with it. They have no idea what is about to be lost,” said Karen Williams of Beaverton, Oregon, who sued Facebook for access to her 22-year-old son Loren’s account after he died in a 2005 motorcycle accident.

Over all, the legislation is pretty much designed to prevent the pitfalls of assumed privacy violations and identity theft.

The Uniform Law Commission did a pretty decent job of putting this all together and at the end of the day it helps more people than you might imagine when it comes to navigating the confusing and convoluted terms of service agreements that organizations like Twitter, Google, and Facebook have.

More about the Act:

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) governs access to a person’s online accounts when the account owner dies or loses the ability to manage the account.

A fiduciary is a person appointed to manage the property of another person, subject to strict duties to act in the other person’s best interest.

Common types of fiduciaries include executors of a decedent’s estate, trustees, conservators, and agents under a power of attorney.

This act extends the traditional power of a fiduciary to manage tangible property to include management of digital assets.

The act allows fiduciaries to manage digital property like computer files, web domains, and virtual currency, but restricts a fiduciary’s access to electronic communications such as email, text messages, and social media accounts unless the original user consented to fiduciary access in a will, trust, power of attorney, or other record.

For more information about the RUFADAA please contact ULC Chief Counsel Benjamin Orzeske at (312) 450-6621 or borzeske@uniformlaws.org.

Thanks for the read.

Happy Trails

A day at the “Duck” races – I Heart Neihart Festival

Had the opportunity to visit Neihart this Labor Day weekend to attend the I Heart Neihart Festival.

There were quite a lot of doings going on including their annual duck race. 8 bucks got our son a duck to enter into the race that started at noon.

Breakfast Ham, Sausage, Eggs, Biscuits and Gravy
Breakfast Ham, Sausage, Eggs, Biscuits and Gravy

Our day at the “Duck” races started off with breakfast for 10 bucks at the Monarch-Neihart Community and Senior Center. Although there was no Bacon, we did tank up on Ham Steaks, Patty Sausage, Scrambled Eggs, Biscuits and Gravy, French Toast, and Pancakes. Orange Juice and Coffee were also served.

The line for breakfast was pretty long when we first got there and parking was somewhat at a premium too. After finding a place to park, we joined the long line that stretched from the door clear into the middle of the gravel parking lot. The wait time for us was about 45 minutes, but it was tempered greatly in a good way by the great conversation with others who were in line. We talked about everything from real estate, to quads, to mustaches.

Once we got in the door, the line extended for about another 16 feet before we were able to actually pay and be served. I was surprised at how small the dining area was when we got in there, and the way things were organized by the Senior Center volunteers, everything seemed to go off without a hitch. There were even real plates and real silverware too.

Pencil sketch from the rummage rooms
Pencil sketch from the rummage rooms

Once we finished breakfast we wandered down the hall to the rummage rooms — two rooms filled with all sorts of stuff. From old military canteens to framed wall pictures, to clothes, to just about anything else you could imagine that might go into a home.

Of course we had to buy something so buy something we did. Everybody got a bit of something they liked and then we left the community center and headed off across the highway to purchase a duck that our son could enter into the race. He preferred the yellow duck with the pirate hat so that’s what we got.

We left our car parked at the community center and walked down the highway toward where the finish line was for the duck race.

GJ's Junkers Delight
GJ’s Junkers Delight

During our stroll we became somewhat distracted with GJ’s Junkers Delight … a junk store that was located along the way. Of course we just had to go in there. Here again was a store loaded up with all kinds of stuff.

I didn’t get anything, but the wife and son did. Wife found another porcelain doll for her collection, and our son bought, among some other things, a rusted old horse shoe. When we got home, he added the old horse shoe to his ever burgeoning collection of other old stuff.

I guess it was sort of a good thing that we stopped in at GJ’s Junkers Delight, because this would be the last day of business before he closed for the winter.

Neihart Inconvenience Store
Neihart Inconvenience Store

When we left the junk store, we ventured on down to the Neihart Inconvenience Store for a soda. This store had just about everything from minor plumbing parts, to extension cords, to heat tape, and of course, multiple types and kinds of munchies and sodas. I didn’t have any light plumbing to do, so I settled for the multiple types and kinds of munchies and sodas.

When we were finished at the Neihart Inconvenience Store, we wandered on over to the Johnston street bridge behind Bob’s Bar where the finish line for the duck race was. During the race I kept an eye out for our son’s entry, but there were so many little rubber ducks floating down that I didn’t see it. We didn’t really check to see if his was one of the literally hundreds of ducks that might have placed within 50th place of the first ducks, but it was still a great time.

A day at the "Duck" races
A day at the “Duck” races

We did get a bit of rain, but it sure didn’t dampen the enthusiasm of the events we attended.

I kept hearing people say that the crowds were unusually large compared to years previous.
Probably a good thing I think, because Neihart and Monarch are cool little towns that deserve all of the support that we can give them. When we were there we ran into people from White Sulphur Springs, Lincoln, Fort Benton, Helena, and of course, Great Falls.

As far as many of the regional events we have in the area, I think the “I Heart Neihart Festival” rates top shelf on my list of events. I encourage all to be sure to attend.

Great times with Great people.

Monarch-Neihart Community and Senior Center Projects

The Monarch-Neihart Community and Senior Center has projects ongoing that are necessary for it’s continued service to the community.

Things like exterior window replacement, roof repair, and ramp/sidewalk repair are just a few of the things that need to be done. See the website for all that needs to be done along with the associated costs of each project.

Donations to help with these projects are gleefully accepted through Pay-Pal and you can specify which project(s) you’d like to support. https://www.paypal.com/donate/?hosted_button_id=UP36DWFM2H66A

Also, on the first Sunday of every month, the Monarch-Neihart Community and Senior Center has Sunday Breakfast (8am-11am) all you can eat for 10 bucks — Join them for french toast, pancakes, sausage, ham, scrambled eggs, biscuits and gravy, and unlimited coffee, and don’t forget to check out their Rummage Rooms down the hall.

For more information on how to become more involved or to keep up-to-date on future events, please call 406-236-5998 or write to admin@monarchneihartseniorcenter.org.

Understanding the societal and health implications of Rumors and Gossip

Understanding the societal and health implications of Rumors and Gossip

Gossip has become so ingrained in our society that most rarely recognize it as something that can be damaging and most engage in it without even realizing it.

Idle talk (gossip) has become so subtle in some various certain circles that one might find themselves asking, “Is it even possible to avoid gossip?”

Before we answer that question, let’s first point out a few things that spreading gossip can do:

First, spreading gossip can damage a person’s reputation, causing them emotional distress and potential social consequences. This can lead to isolation, loss of relationships, or harm to their personal and professional life.

Secondly, gossip often involves exaggerations, distortions, or outright false information, which can negatively impact the perception and judgment of others. This can lead to unfair judgments, prejudice, and discrimination towards the person being gossiped about.

Lastly, participating in gossip can create a toxic and negative social environment, eroding trust and fostering a culture of backbiting and negativity. Overall, gossip can have serious and harmful consequences for individuals and communities.

Is it even possible to avoid gossip? The answer is yes. — Here are a few tips to make avoiding gossip possible:

Mind your own business:

Focus on your own life, work, and goals rather than getting caught up in the drama of gossip.

Stay away from gossip-prone environments:

Avoid places or situations where gossip tends to thrive, such as gossip-filled social circles or negative workplace environments.

Change the subject:

If someone tries to engage you in gossip, politely redirect the conversation to more positive or neutral topics.

Be mindful of what you say:

Refrain from spreading or participating in gossip yourself. Practice being considerate and respectful in your words and actions.

Surround yourself with positive influences:

Choose to spend time with people who value and promote healthy, supportive conversations instead of gossip.

Focus on building strong relationships:

Cultivate meaningful connections based on trust, mutual respect, and open communication. This can help create an atmosphere where gossip is less likely to occur.

Lead by example:

Show others that gossip is not necessary or beneficial by refusing to participate and steering conversations towards more constructive and uplifting subjects.

Remember, avoiding gossip is a personal choice, and it may require consistent effort and self-awareness to maintain.

Understanding the health implications Rumors and Gossip:

Gossip can have various negative health impacts on both the person being gossiped about and the individuals engaging in gossip.

Here are some potential health impacts:

Emotional stress:

Gossip often involves spreading rumors, making judgments, or discussing personal details about others, which can lead to increased stress levels. The person being gossiped about may experience feelings of embarrassment, humiliation, or anxiety, which can negatively impact their emotional well-being.

Mental health issues:

For the person being gossiped about, constant exposure to rumors or negative comments can have detrimental effects on their mental health. It may lead to feelings of low self-esteem, depression, or social isolation.

Trust and relationship damage:

Engaging in gossip can erode trust and damage relationships, both between the individuals involved in gossip and others who witness it. Trust is a vital component of healthy relationships, and when gossip becomes prevalent, it can impact the overall social and emotional health of individuals involved.

Increased conflict:

Gossip has the potential to create conflicts and tensions among social groups. This can lead to increased arguments, resentment, and hostility, which in turn can negatively impact the mental and emotional well-being of individuals involved.

Negativity and toxic environment:

A gossip-filled environment tends to foster negativity, hostility, and toxicity. Constant exposure to such an atmosphere can have adverse effects on mental health, as it becomes difficult to maintain a positive mindset or focus on personal growth.

Physical health consequences:

Prolonged exposure to stress caused by gossip may have physical health implications. High levels of stress have been linked to various health problems, including increased blood pressure, weakened immune system, digestive disorders, and cardiovascular issues.

It is important to remember that gossiping is not only harmful to others but also to the individuals engaging in it. By promoting positive communication and fostering empathy, individuals can contribute to a healthier social environment and well-being for themselves and others.

Who doesn’t love a good road trip?

Who doesn’t love a good road trip?

Taking road trips has always been sort of a thing with us. I’m always up for a road trip, whether it be going to Shelby for pie and coffee, or going to White Sulphur Springs for a burger.

My road trips rarely go straight there or straight back. For instance … I’ll loop around through White Sulphur Springs to Bozeman, and from Bozeman to Three Forks .. up to Helena, and back again to Great Falls.

If you aren’t up for those 8 hour long road trips, you can always settle in with an hour or two of just exploring all of the cool back roads around your city or county.

You don’t have to have a specific reason for going on a road trip. You can do what we do .. we just load up and head out.

Listed below are a ton of reasons why you might want to just jump into the car or truck and just go … on a road trip.

Road trips can be good for you in many ways:

Exploration and adventure:

Road trips allow you to explore new places, experience different landscapes, and discover hidden gems along the way. This sense of adventure can boost your mood and provide a break from your routine.

Bonding with others:

Traveling with friends, family, or loved ones on a road trip can be a great opportunity to strengthen bonds and create lasting memories. Spending extended time together, engaging in conversations, and sharing experiences can deepen your relationships.

Stress relief:

Getting away from the demands of everyday life and hitting the open road can be a great way to relieve stress and unwind. The change in environment, fresh air, and scenic views can help relax your mind and boost your overall well-being.

Flexibility and freedom:

Road trips allow you to set your own pace and have the flexibility to stop wherever you’d like along the way. This freedom gives you the chance to explore spontaneous detours, visit roadside attractions, or simply pause and enjoy the beauty of nature.

Self-discovery and personal growth:

Road trips can provide solitude, allowing you to reflect, introspect, and get in touch with yourself. This time alone can lead to self-discovery, personal growth, and gaining a fresh perspective on life.

Exposure to new cultures and experiences:

Road trips often involve traveling through different towns, cities, and regions. This exposure to diverse cultures, cuisines, traditions, and people can enhance your understanding of the world and broaden your horizons.

Enhanced problem-solving skills:

Road trips can present unexpected challenges like navigating unfamiliar roads, vehicle issues, or last-minute changes in plans. Dealing with these situations can help improve your problem-solving skills and boost your confidence in handling unforeseen circumstances.

Overall, road trips provide an opportunity for adventure, relaxation, personal growth, and building connections with others. However, it’s important to plan responsibly, prioritize safety, and ensure you take breaks during long drives to make the experience enjoyable and beneficial for your health.

What are some of the routes you take when you go on a road trip?

Sound off in the comments below.

Thanks for the read.

Happy Trails … and road tripping