Navigating the Michigan Fiduciary Access to Digital Assets Act: A Guide for Beneficiaries
Under Michigan's FADAA, your executor cannot automatically access your crypto wallets or social media after you die. You must provide explicit written consent in your will or trust, or tech companies will deny them access.
In today's digital world, our most valuable assets are often invisible. From Bitcoin wallets to monetized YouTube channels and cloud storage full of family photos, digital assets require specialized estate planning. Michigan adopted the Fiduciary Access to Digital Assets Act (FADAA) to govern how these items are handled after death. Finding a tech-savvy estate planning lawyer in our directory is vital to ensure your digital legacy in Michigan is legally protected.
Step-by-Step Process in Michigan
Whether you reside in Detroit, Grand Rapids, or Lansing, accessing a deceased person's digital life follows strict legal procedures outlined in Mich. Comp. Laws § 700.1001 (the Fiduciary Access to Digital Assets Act - FADAA).
Step 1: Securing Bitcoin and Crypto Seed Phrases
Cryptocurrency operates outside traditional banking. If a deceased person leaves behind Bitcoin, the executor must find the "seed phrase" or private keys. Without these keys, the funds are permanently lost; no court order can force a blockchain to unlock them. If the crypto is on an exchange like Coinbase, the executor must present a Form PC 572, Michigan, State Court Administrative Office, Letters of Authority for Personal Representative from the Wayne County Probate Court, Detroit (or local court) to officially take control of the exchange account.
Step 2: Transferring Monetized YouTube and TikTok Accounts
Monetized social media accounts are revenue-generating businesses. Under FADAA, a fiduciary can only manage these accounts if the deceased explicitly granted permission in their estate plan. Furthermore, the transfer must comply with the platform's Terms of Service. A lawyer will help the executor contact the platform's legal department, providing the death certificate and court documents to migrate the AdSense or creator fund payouts to the estate's bank account.
Step 3: Accessing Locked Apple and Google Accounts
Tech giants like Apple and Google are notorious for denying access to deceased users' accounts due to federal privacy laws like 18 U.S.C. § 2701. Unless the deceased used Apple's "Legacy Contact" feature or Google's "Inactive Account Manager," the executor will likely need a specific court order from a judge at a court like the Kent County Probate Court, Grand Rapids explicitly directing the company to release the iCloud or Google Drive contents.
Step 4: Closing a Deceased Influencer's Social Media
For high-profile individuals, leaving accounts active can lead to hacking or identity theft. Fiduciaries have the duty to protect the estate's assets, which includes reputation. As seen in cases regarding fiduciary duty like In re Estate of Karmey, 468 Mich. 68 (MI Supreme Court 2003), executors must act in the best interest of the estate. The executor can petition Instagram, Facebook, or X (Twitter) to either permanently memorialize the account or delete it entirely.
How Much Does it Cost in Michigan?
Handling digital assets often increases the complexity and cost of probate.
| Service / Expense | Estimated Cost (USD) |
|---|---|
| Probate Filing Fee (Michigan) | $175 (plus inventory fees) |
| Digital Asset Estate Plan Update | $500 - $1,500 |
| Attorney Hourly Rate (Probate) | $250 - $450/hour |
| Digital Forensics Expert (If passwords lost) | $1,500 - $5,000+ |
How Long Does the Process Take?
Opening an estate in Michigan takes 2 to 4 weeks. However, dealing with tech companies can be excruciatingly slow. Apple, Google, and Meta often take 3 to 6 months to process legal requests from an executor, especially if they demand additional court orders to comply with federal privacy laws.
Frequently Asked Questions (FAQ)
Does a standard will automatically cover digital assets?
No. Standard boilerplate wills drafted before the FADAA was enacted often lack the specific consent language required by tech companies. Your estate plan must explicitly mention digital assets.
Is it illegal to just log in with my deceased spouse's password?
Technically, yes. Accessing someone else's account without formal legal authorization violates 18 U.S.C. § 1030 and the platform's Terms of Service, even if you are married.
What happens to frequent flyer miles when someone dies?
Digital rewards points are governed strictly by the airline's user agreement. Some airlines allow transfers upon death with a death certificate, while others instantly cancel the points.
Can a digital asset trust protect my crypto?
Yes. Placing your cryptocurrency hardware wallets and digital access instructions inside a Revocable Living Trust allows your successor trustee to manage them immediately upon your death without going through probate.
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