What Happens To Your E-Mail
After You Die?
When a young Marine died in Iraq and his parents wanted to retrieve his e-mail as a memorial to him, they came up against the privacy policy of the Internet service provider (ISP), which declined to provide the information. Ultimately, a probate court ordered that the parents be allowed to retrieve the e-mails.
When a prominent poet died without leaving the password for his e-mail account, where he kept virtually every significant piece of personal information, his daughter had no means of gaining access to that information so that she could notify others of her father's death. Citing privacy concerns, the ISP for the account refused to divulge the information to the daughter.
These real-life stories are the leading edge of what may become a wave of litigation concerning ownership of e-mail information upon the death of the account holder. The competing interests are the privacy of the account holder, coupled with the ISP's interest in preserving that privacy, and the survivors' rights to the property of the deceased.
Most of us think of e-mail as the modern equivalent of a box of letters belonging to us, when, technically, e-mail is an intangible form of property owned by the ISP. Nonetheless, if it is possible to spot an early trend on the issue, that tendency is to treat e-mail information as the account holder's property upon his or her death. In most states, the issue is still unresolved and without clear case precedents. At least one state has passed a law directing ISPs to turn over the e-mail of a decedent to the personal representative for the decedent's estate.
Steps to Take Now
It will be some time before legislatures and courts catch up with the reality that millions of people use their e-mail accounts as repositories for all sorts of information having sentimental, historical , or economic value. In the meantime, there is some practical advice for facilitating access to e-mail information that is "left behind".
- Read your ISP's privacy policy to
determine what your survivors may have to contend with to get access to your e-mails. The policies run the gamut from providing e-mails to next of kin upon showing a power of attorney over the account and a death certificate, to treating e-mail accounts as non- transferable and with no right of survivorship.
- As strange as it may sound, consider dealing directly with the issue in your estate planning by including e-mails specifically in your will, especially if they have monetary value. In connection with this, you should archive the information to your hard drive and be sure that your survivors have any necessary passwords. Conversely, if you want to take your e-mails with you, in effect, stipulate in your will that no one is to have access to your account.
- Get good legal advice, including information as to whether there are any new laws in your state on the subject. They could trump, or at least affect, whatever arrangements you have made or may be considering for disposing of your e-mails after your death.
|
OPTIMAL TAKES ON... How To Create Excellent Credit
The summer is starting off to a sizzling real estate market for buyers. A lot of buyers want to know how to qualify for the lowest mortgage rates available to purchase a home or to refinance into a better loan. Having good credit scores, often referred to as FICO scores, can save thousands of dollars a year in interest on all loans acquired. Yet, many of us have never been taught what that means or how to do it ourselves.
Here at Optimal Realty & Loans, we can help you on your way. Here are nine key factors to know:
- Have and maintain 4 open lines of credit for 24 months or longer. Do not close credit card accounts, especially ones that you have had for awhile. The number of years you have had an open credit account impacts your credit scores. The more years the
better. This is why credit cards can be so useful. You can keep them for many years. It is important to have, use and maintain
credit to show you are credit worthy,
- Credit is borrowed money so don't live on it. Live on your income instead. Credit cards are a very important aspect of your credit. They can be a wonderful tool for maintaining your credit scores. Use just a little of your open credit on a regular basis, at least once every 3-6 months. Try not to use more than 30% of your high credit limit (that is $300 of every $1000). This is because once your balance goes over 30% of the limit, credit scores are impacted negatively. The drop in your credit scores can be significant. If you use credit, try to pay it off in full each month.
- Pay your bills on time. No late payments show you are responsible and credit worthy.
- If you co-sign on a loan for someone, make sure you pay the bill on time and they pay you. This will ensure that late payments made by another person do not affect your credit negatively.
- Once good credit is established, ask for more! Call the credit cards you have and ask for higher available credit and lower
interest rates. Don't be shy; they want your business, so they will be happy to help you! Even if they say no, ask again every 6
months. Many people believe high limits on their credit cards can cause problems when qualifying for a loan. This is not so. In
fact, high limits are a positive because that shows a potential lender that others trust you with large lines of credit. What causes a problem with your credit scores are credit cards that are maxed out. For instance when the balance on your credit card is 50% over the credit card limit.
- If you have collections in the last 6 months to 1 year, try to pay them off and get proof in writing that they are paid. Sometimes
collectors will accept less money than what is owed if you negotiate a lower payoff amount. They would rather collect something
rather than nothing,
- Dispute, in writing or by e-mail, any accounts or collections that are not yours or that you paid that are showing still due. The three major consumer reporting agencies are available on-line; www.trasunion.com, www.experian.com, www.equifax.com. They
will respond in 30 days and investigate your disputes.
- If you have "Public Records", try to pay them off and make sure your credit report shows them as "satisfied" or "discharged". This is one area of credit that is a MUST! Some public records can be paid off in escrow when you refinance a mortgage loan.
- Bankruptcy/Foreclosure is not the end of the world. BUT, it is important to know that if any payments are late thereafter, it will be very challenging to qualify for a mortgage loan, if at all.
In a society where our credit dictates the interest rates that we qualify for, people want to know what it takes to create excellent credit. A FICO score is your report card on how you are doing managing your credit/debt. It is a measure of you as a credit risk.
We want to help you understand how to qualify for the best loans available. For a free mortgage consultation call Optimal Realty & Loans today. We are here to help you!
|
