Lesson 39: Managing Social Media Accounts Post-Mortem

Within the broader topic of Digital Estate Planning, managing social media accounts post-mortem is a critical consideration. This lesson explores the complexities and responsibilities involved in handling a decedent's online presence, focusing specifically on social media platforms.

Importance of Managing Social Media Accounts Post-Mortem

Social media accounts can serve as a digital legacy, containing valuable memories, connections, and communications. Proper management post-mortem ensures:

  • Protection of privacy and sensitive information.
  • Prevention of identity theft or misuse.
  • Honoring the decedent's wishes regarding their digital footprint.
Note: Each social media platform has its policies and procedures for handling accounts after the account holder's death.

Legal and Ethical Considerations

When dealing with social media accounts post-mortem, several legal and ethical considerations must be addressed:

  • Access and Authorization: Ensure that the estate executor or a designated individual has the legal authority to manage the accounts.
  • Compliance with Terms of Service: Each platform has specific terms of service that dictate how accounts should be handled post-mortem.
  • Respect for Privacy: Balance the need to manage the account with respect for the decedent's privacy and the privacy of their contacts.

Platform-Specific Policies

Different social media platforms have varying policies regarding post-mortem account management. Below are some examples:

  • Facebook: Allows for memorialization of the account or deletion by a legacy contact or authorized person.
  • Twitter: Permits requests to deactivate an account upon providing necessary documentation.
  • Instagram: Similar to Facebook, offers memorialization or deletion options.
Warning: Unauthorized access to a decedent's social media accounts may violate the Computer Fraud and Abuse Act (CFAA) and other privacy laws.

Facebook Account Management Post-Mortem

To manage a Facebook account after the account holder's death, the following steps are typically involved:

  1. Submit a request to memorialize or delete the account through Facebook's Help Center.
  2. Provide necessary documentation, such as proof of death (e.g., obituary, death certificate) and proof of authority (e.g., executor's letter).
  3. Follow Facebook's instructions for either memorializing the account or permanently deleting it.

Mermaid Diagram for Facebook Account Management

flowchart TD A["Submit Request to Facebook"] --> B["Provide Proof of Death"] B --> C["Provide Proof of Authority"] C --> D{"Memorialize or Delete"} D -- "Memorialize" --> E["Follow Instructions for Memorialization"] D -- "Delete" --> F["Follow Instructions for Deletion"]

Twitter Account Management Post-Mortem

To deactivate a Twitter account after the account holder's death, one must follow these steps:

  1. Contact Twitter through their Privacy Form.
  2. Provide necessary documentation, such as the death certificate and a government-issued ID.
  3. Submit a request to deactivate the account.

Mermaid Diagram for Twitter Account Management

flowchart TD A["Contact Twitter through Privacy Form"] --> B["Provide Death Certificate and ID"] B --> C["Submit Deactivation Request"]

Instagram Account Management Post-Mortem

Managing an Instagram account post-mortem involves the following steps:

  1. Submit a request through Instagram's Help Center.
  2. Provide proof of death (e.g., obituary, death certificate).
  3. Optionally, provide proof of authority (e.g., executor's letter) if requesting deletion.
  4. Follow Instagram's instructions for memorializing or deleting the account.

Mermaid Diagram for Instagram Account Management

flowchart TD A["Submit Request to Instagram"] --> B["Provide Proof of Death"] B --> C{"Memorialize or Delete"} C -- "Memorialize" --> D["Follow Instructions for Memorialization"] C -- "Delete" --> E["Provide Proof of Authority"] E --> F["Follow Instructions for Deletion"]

LinkedIn Account Management Post-Mortem

To close a LinkedIn account after the account holder's death, follow these steps:

  1. Submit a request through LinkedIn's Help Center.
  2. Provide the member's name and LinkedIn profile URL.
  3. Provide proof of relationship and proof of death.
  4. Submit the request to remove the account.

Mermaid Diagram for LinkedIn Account Management

flowchart TD A["Submit Request to LinkedIn"] --> B["Provide Member's Name and Profile URL"] B --> C["Provide Proof of Relationship"] C --> D["Provide Proof of Death"] D --> E["Submit Account Removal Request"]

Legal Risks and Compliance

Unauthorized access to a decedent's social media accounts can result in legal consequences. It is essential to follow the legal and platform-specific procedures to avoid violating:

Warning: Unauthorized access to a decedent's social media accounts can lead to criminal charges and civil liabilities.

Best Practices for Estate Planners

When advising clients on digital estate planning, consider the following best practices:

  • Encourage clients to document their digital assets and access information.
  • Discuss the importance of appointing a digital executor or including digital asset management instructions in the will.
  • Stay informed about the latest developments in digital estate laws and platform policies.

For more advanced topics in estate planning, explore other lessons in this instructable, such as Generation-Skipping Transfer Tax and Charitable Remainder Trusts.

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