Passwords of the Passed Away

To activate state Sen. Peter Wirth's iPad, he says, you'll need his password.

But whose right is it to access his iPad if he dies?

Increasingly, people are relying on online platforms to communicate, manage finances and to store media, like music, movies, television shows and books.

But New Mexico's probate laws have failed to account for that shift to the web, as is the case nationwide, spurring questions about what happens to someone's online assets, from a Facebook account to a credit card account, when the account holder passes away.

While the living will continue to merge technology with the most private corners of human interaction, the deceased can't swipe left on Tinder (yet). Even gaining access to an electronic device—think Sen. Wirth's iPad—can prove complicated if the owner of the device didn't store the passwords remotely.

Wirth, a Santa Fe Democrat, has introcuded a bill modeled after a recommendation by the Uniform Law Commission, a nonpartisan Chicago-based group that advises state lawmakers across the nation. He says would allow personal representatives, conservators, agents or trustees designated to deal with an estate to also gain access to a deceased person's online accounts, which some companies don't currently allow, so they can make a decision about what happens to those accounts.

"Who's the proper party to deal with these companies that hold these assets and to get them either transferred or terminated?" says Wirth, a lawyer who handles probate cases.

Wirth says he's trying to balance the privacy rights of the deceased with the ability of that person's heirs to handle the online assets. It already cleared one committee unanimously. The bill's next stop is the Senate Judiciary Committee. If it clears that hurdle, the bill goes to the Senate floor for a vote before moving to the state House.

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