Digital Assets Bill Passes Through Virginia Legislature

It’s a thought no parent wants to contemplate – losing a child. Nevertheless, if this unfortunate and tragic incident occurs, you need to pick up the pieces and try to get your child’s estate in order. Fortunately, the Virginia Legislature took a step to make the process a little easier with the passage of HB 1752. This law affords parents of deceased minors access to their social media accounts. The law enables a personal representative of a deceased minor to assume the deceased minor's terms of service agreement for a digital account with an Internet service provider, communications service provider, or other online account service provider for the purposes of consenting to and obtaining the disclosure of the deceased minor's communications and subscriber records, according to the Virginia Legislative Information System. The digital provider is obligated to provide access to the personal representative within 60 days from the receipt of a...

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Pros and Cons of Revocable Transfer-on-Death Deeds in Virginia

If you are contemplating what will happen to your home, or other real property (i.e. land) in Virginia, after you pass on, there is a unique type of deed that you may want to consider for estate planning purposes. It’s called a transfer-on-death deed (a.k.a. beneficiary deed). A transfer-on-death deed allows you to execute a deed that names a beneficiary – could be a relative, spouse or close friend - who will obtain title to the property when you pass away without having to go through probate. Virginia recognizes these types of deeds. In fact, transfer-on-death deeds are codified under under Virginia Code § 64.2-624. The statute states that “an individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.” The statute goes on to state that this type of deed is revocable, even if the deed or another instrument contains...

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