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FACEBOOK Death Policy?

Legacy Locker has provoked a lot of discussion about what actually happens to your Facebook profile after you pass away. While Facebook thrusts your personal life into the glaring spotlight of friends and family, I’ve found that it can also be a very personal experience in that nothing else currently in the social space really tells the “Story of You” the way Facebook does.

Where else can you get a complete snapshot of a person’s life? From a data standpoint, it’s certainly more detailed than a resume or even a trusted friend’s knowledge and opinion of you. Your “friends” know where you were born, grew up, attended school, work and even vacation. Your “friends” know your interests, hobbies, likes and dislikes and even other friends and social circles. If you’d like to sign up for legacy locker please go to the site (LegacyLocker.com) and make sure you use one of these two coupon codes:

$5 discount on an Annual Subscription = funeraldigest5
$50 discount on a Lifetime Subscription = funeraldigest50

Then there’s the connectivity aspect of the information housed. At any given time, I’m engaged in a dozen conversations across cities, states, time zones and oceans. People know (either publicly or privately) my thoughts on events, postings and pictures. I promote parties and initiatives, support causes and poke fun at friends all within the Facebook world. It very much is a good representation of who I am. If I kept a diary, it would be subjective, colored by my own opinions and perception of reality. Facebook conveys the raw and unfiltered me.

This begs the question: What would I want to happen to my Facebook profile when I’m no longer around? Now, I’m young and am of the opinion that I’ll live forever. Current statistical analysis proves otherwise. Should I even care what happens to my Facebook profile? What value does it have to anyone but me in the here and now?

My thoughts on this subject have been evolving over the past year and I’ve come to the conclusion that it is my responsibility to put a clear plan of action in writing. While some may not appreciate their own account (which I clearly do), friends and loved ones probably ascribe some value to it. The responsible and mature choice, therefore, is to leave access to a trusted friend or family member and instruct them on how I want to be remembered. Leaving it up to chance is akin to not leaving a Will; inconsiderate at best and selfish at worst.

Many people have expressed that they don’t want their Facebook profile memorialized in any fashion. More than one friend has said, “I want my profile to die with me.” The idea of a virtual ‘Do Not Resuscitate’ is a brand new concept and something your next-of-kin would not know unless specifically instructed to carry out your wishes. All of this cannot happen without making proper arrangements.

But what happens if I don’t make these arrangements?

Facebook will not just give your next-of-kin access. They clearly state that it’s against their Privacy Policy to do so. Furthermore, the 1986 Electronic Communications Privacy Act prevents the disclosure of stored communications unless there is a court order. This means litigation.

If your family is intent on gaining access to your Facebook account, they’ll have to resort to legal action against Facebook. Not surprisingly, this is becoming increasingly more common. I recently spoke with an attorney in the Pacific Northwest who litigated such a case.

The deceased was a young adult who had been hit by a drunk driver while on his motorcycle. The mother was aware that her son was a prolific Facebook user and wanted access as part of the grieving process. She wanted the ability to communicate with his friends and maintain the connection to her son. His virtual self was one of the key things she had left to remember him by.

Initially, the mother had full access to her son’s account and used it to notify friends and family of events as well as maintain it as a forum to remember. Eventually, Facebook became aware of her unauthorized access and changed the password to protect the “user’s” privacy. That’s when the grieving mother had to retain legal counsel.

The Attorney filed a complaint against Facebook seeking access to the deceased son’s account. Eventually, the parties entered into what is called a “Negotiated Settlement” whereby the court issued a stipulated order that allowed Facebook to comply with its Privacy Policy while not being in violation of the law. Only then could the family get the information they were looking for.

Facebook eventually provided the parents an electronic snapshot of their son’s Facebook page to see everything contained within it. This included all messages, wall postings and photographs. Facebook also permitted ongoing access to the public portion of the page. This is akin to the view that any “friend” would have of the page. Facebook further cooperated by placing a link directing new traffic and messages to a website the family maintained in honor of their son. Finally, the account was to be deleted one year from the date of the court order.

This is not the only example of a case or incident of this type, just one anecdote (among many) from an attorney with whom I am acquainted. Other cases along these lines have been publicized in the news media, including a story by Ben Popken in The Consumerist.

Needless to say, such an undertaking can be very expensive and time consuming. From what I understand, the plaintiffs were in the unique position of having readily accessible legal representation. Most of us are not as fortunate in this regard. I doubt if another family in the same situation would have the resources and connections to take on Facebook. Much heartache, time and expense could have been avoided by circumventing this entire process through the Legacy Locker service.

Have you given any thought about what happens to your virtual self on Facebook? Do you know anyone who has had to deal with a similar situation? Do you think people should leave instructions concerning how they want their profiles to be handled? I’m very interested in your thoughts and look forward to reading them.

Gregg Delman
Director of Business Development

Disclaimer:
This Blog/Web Site is made available by Legacy Locker, Inc. for educational purposes only, not to provide legal advice. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Please note that the material contained in this blog is not legal advice and is not to be relied upon in a court of law. Furthermore, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax related matters addressed herein.

I’m Going To Be Scattered-Don’t Need To Make Funeral Plans

Last time we checked, you need a funeral director to cremate your remains. So if it is your intention to be cremated and you know without a shadow of a doubt that this is your decision, then go ahead and make arrangements.
Did you know that you can pre pay for your cremation and freeze the everything at today’s price? Ok, I guess “freeze” is a bad term, but you get what we’re trying to convey here.
So you’ve finally figured out that you are going to die, and that you need to take this burden off of your survivors. That’s a good thing. So now call your nearest funeral provider and tell them you would like to pay for your cremation in advance.
Or better yet, contact us, and we will make sure that you are contacted by a reputable funeral director who will help you make your final arrangements.
You will gain peace of mind knowing that everything has been taken care of long before there was a death. Once you pre arrange everything you receive an id card that you carry in your wallet that says: “At time of death please call this number”.
Pretty cool huh? You arrange to be picked up at time of death and taken to the funeral home. When the family comes in to meet with the funeral director, they will find out that everything was taken care of and all plans were made.
So if it is your intention to be scattered all over the place, then go ahead and make those arrangements. If you don’t, and the family doesn’t know what you want, then guess what? They may have you embalmed and stick you in a casket and bury you. And if you have a phobia about being buried, then you are SOL.
So, doesn’t it make sense to go ahead and make your final arrangements and get everything taken care of long before there’s been a death?
Sure it does. We know, because we are comprised of funeral professionals that work and meet with families every day.

I Don’t Plan On Going Anywhere Anytime Soon!

Brilliant statement from those who don’t want to accept the fact that they are going to die and need to take care of everything before they do!
None of us want to go anywhere anytime soon!

But, are we prepared when we do?

Think about it, and when you’re done thinking about it, then go ahead and take care of 100% of your funeral arrangements.
It makes sense!

My Children Will Take Care of Me When I Die?

Really? Your children know what to do when you die? Are they professionals in the field of death care?
How are they going to know what to do? Have you discussed your plans with them? Have you told them whether or not you’re going to be cremated or have a traditional burial with a casket in a grave?
Are you really the type of parent that would actually place that burden on your child/children?
You may say: “I’ve left enough life insurance behind that will take care of everything.”
Guess what? Insurance makes no decisions, insurance does not stop inflation, insurance was never intended to go towards burial and or cremation expenses.
Didn’t you purchase life insurance so that your spouse and or surviving family members would be comfortable financially after you have passed away?
Children have no clue what’s involved meeting with a funeral director on the darkest day of their lives. No clue at all.
Think twice before you place this burden on your children. Or better yet, just go ahead and get it done. Plan your funeral in advance, pay for it, and get it off your plate. You are going to die!

We Want To Think About it, Talk About it, Pray About it

Now this is one of the lamest excuses I’ve ever heard from a family in reference to whether or not they wanted to purchase a prepaid funeral service.
That was their response after a funeral pre need representative had been explaining the features, advantages and benefits of pre planning a funeral in advance for nearly three hours.
First of all the family agreed that it was a good idea to go ahead and pre arrange their funerals long before a death occurred.
Neither family member was sick, but they just couldn’t bear to go ahead and make a decision to go ahead and take that burden of of one another.
I guess they really did make a decision! They made a decision to not make a decision.
And guess what? They are no further ahead in their pre planning than they were before that funeral professional met with them at their home.
My point is, the average person will come up with hundreds of excuses why not to do this in advance. It makes sense to take care of all of this before there is a death. By doing so, you take the burden off of your surviving spouse and family members!

Urgent! You Need A Legacy Locker Today!

Damn, don’t you wish you’d thought of this?
Legacy Locker provides a safe and secure way to pass your online accounts to your friends and family. It’s the ultimate “power of the blog”.   It’s  inexpensive and easy to figure out.
Pre-planning your funeral will make good sense. In this age of information and technology, making plans for what happens to your online presence should be a part of that pre-planning. That’s why I’m in the process of setting up a Legacy Locker for all my domains and accounts.  Http://www.legacylocker.com

If you belong to any online groups at all, if you have any blogs or websites, you should look into this. In addition, if you play any online games or belong to any groups where your credit card is charged automatically on a monthly basis, this type of service is for you. Otherwise, your family will end up having to pay for all those charges during a time of mourning.

Preparing ahead of time just as preparing your funeral or cremation plans, helps minimize the stress your family will go through. If you prepare for what will happen to your pet or car in the event of your death, you should also consider dealing with your email, blog, and other internet presences. The people and friends you interact with in those communities will be grateful for information about you and in turn they can help support your family through a difficult time.

When you’re ready to pre-plan, you should definitely add your internet presence to the to-do list. Whether you choose Legacy Locker or you simply make a list of your passwords and login information, preparing in advance gives you peace of mind, knowing that your online world will be taken care of and informed.
Now that’s a nice warm and fuzzy for you!

I’m Asking My Children What They Think I Should Do About Final Arrangements

You are? Come on you and I know that’s nothing more than another lame excuse not to do anything and to continue putting off making a decision to pre plan.

Did you ask your children’s permission when you purchased your last car? Did you get their blessing before you bought your home?

Since when did they become in charge of you? Don’t you have a mind of your own?
Here’s what your children are going to say when you approach them about this subject:

“Don’t worry, I’ll handle everything.”

“Save your money and put it in the bank and let the interest pay for your funeral expenses.”

Well, first of all, as a funeral planning professional I can honestly tell you that your children don’t even want to talk about your demise. Children don’t believe their parents are going to die and when they agree to take carer of everything they’re going to be in a horrible predicament on the darkest day of their life!

They will have to make 72 decisions for the funeral director they will be sitting across from, and continuously they will be asking the same two questions over and over again:

1. Is this what mom/dad would have wanted?

2. Am I doing the right thing?

Now let me address the other issue on placing the money in an interest bearing account to pay for a funeral.
Money doesn’t make decisions and money doesn’t pick out a casket, and if you think that interest on a savings account will take care of the rate of inflation that we’re getting ready to hit head on, then you’re mistaking.

Funeral and cremation costs have doubled since 2005. So if you do find something that pays that kind of return on investments, then I want to know in the comments section below!

When you pre plan your funeral and or cremation, you freeze the price at today’s price! Even if you die 30 years from now, your funeral will only cost what you paid for it today. And the best part is that all decisions will have been made in advance!

You Can Roll Me Up In A Sheet In Front Of the House And Let The Garbage Men Pick Me Up

I head this statement the other day from a typical male that is afraid to face the fact that he’s going to die. So that statement is his defense mechanism.

Well sir, you are right. They can do whatever they want to you because you’re dead. And when you’re dead you’re dead.

But guess what wise one?    IT IS NOT ABOUT YOU!

It’s about those you have left behind. Its about the life you lived and what you have meant to others, such as spouse, children, grandchildren, nieces, and nephews. Get the picture?

It’s not about you moron. So get a life, and plan your death! Put on your big boy underwear and deal with what will happen!

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