美国数字遗产继承

We are moving toward a technologically driven world where the traditional way of looking at assets merely from a physical perspective is slowing evolving to include digital assets. With our extreme indulgence in internet activities, we end up creating a heap of digital assets without realizing the risk associated with its privacy and ownership after death. We share our personal pictures, videos, thoughts, and beliefs through daily posts on social media platforms. All these files are a type of digital assets with social and emotional value, but neither the law nor the social media platforms take strong steps for preserving them and ensuring their inheritance after the user’s death. There is no universally accepted definition of digital assets and hence the concept of digital asset inheritance is in vain. This paper analyzes the posthumous rights of a social media user. It also explores the laws available in the US and India that protect the digital assets and examines the rules and regulations adopted by some of the most important social media platforms for the inheritance of the digital assets. Recommendations and suggestions for the practical implementation of digital inheritance are provided.

This article examines the emerging challenges and opportunities in regulating digital inheritance and trust management of digital assets. As individuals accumulate valuable digital assets, including cryptocurrencies, social media accounts, and online intellectual property, traditional inheritance frameworks are struggling to adapt. This study employs a comparative, interdisciplinary approach, integrating classical inheritance doctrines, modern digital asset theories, and principles of trust law. Key findings reveal significant gaps in current legal frameworks, particularly regarding asset identification, access rights, and jurisdictional authority. The study proposes a comprehensive digital trust framework encompassing ownership rights, trustee roles, jurisdictional considerations, data privacy, and liability limitations. Recommendations include new regulations for digital executors, formalized digital asset estate planning, and mechanisms to protect ownership interest’s post-mortem. This research contributes to the emerging field of digital inheritance law by offering both theoretical grounding and practical guidance for policymakers and legal practitioners navigating this rapidly evolving landscape.

— Inheritance systems worldwide are undergoing a paradigm shift evolving from manually administered processes to technologically enabled platforms for managing both tangible and digital assets. Yet, the scholarly understanding of how technologies ranging from information systems to blockchain have transformed inheritance management remains underexplored and fragmented. This study aims to trace the evolution of inheritance systems from 2010 to 2025, with a particular focus on the digitalization of inheritance management, emerging technologies and governance models. Using a bibliometric approach, 229 documents were initially retrieved from the Scopus database. After removing irrelevant records, a refined dataset of 81 publications was analyzed using Excel and VOSviewer. The analysis included performance metrics (e.g., publication growth, citation trends, and country output) and science mapping (keyword co-occurrence and clustering). Findings reveal a significant rise in publications post-2020, coinciding with increased attention to digital assets, data privacy laws (e.g., GDPR) and emerging technologies such as blockchain. The most active contributors were from the United States, China and the United Kingdom. Highly cited articles discuss themes such as digital legacy, legal frameworks, asset authentication and ethical considerations. Thematic clustering revealed four research domains: digital legacy and estate transition, digital transformation and trust, digital asset structuring and fraud prevention in social media inheritance. This study contributes a comprehensive overview of the field’s conceptual landscape by highlighting the uneven yet accelerating integration of digital tools in inheritance systems. It also underscores the urgent need for inclusive, interdisciplinary frameworks that accommodate diverse legal, cultural and technological contexts for future inheritance governance.

… Oregon The Estate Planning and Administration Section of the Oregon State Bar is currently working on drafting proposed digital estate legislation. Proponents are seeking legislation to …

… Case for Digital Estate Planning While digital estate planning is still a developing area of the law, … that estate planning attorneys consider digital estate planning in addition to the general …

… bright-line principles in the realm of estate planning. As conventionally framed, this debate revolves … in wills law, trust law, and emerging niches such as the inheritability of digital assets. …

… that traditional estate planning tools … of digital estate planning. As a result, the majority of Americans are vastly unprepared for their digital afterlife, unintentionally foregoing digital estate …

… This article outlines the emergence of digital estate planning, a new way of … estate planners, who are legal professionals paid to manage the finances of wealthy clientele, digital estate …

… rights, and promotes the freedom of succession. This Article argues that granting minors the ability to devise digital assets … of digital assets and minors’ succession rights of digital assets. …

… ambiguities concerning proprietary rights of digital assets after death… digital assets in the same way they can physical property because digital asset holders do not enjoy the same rights …

… individual’s right to transfer his/her digital assets should be void … digital assets are not aimed at distributing digital assets … ’ that succession law does not recognise digital assets as …

… With the legal atmosphere in flux surrounding digital asset ownership rights, a lawyer should be consulted when dealing with any complex problems and to ensure that the …

… The Note proposes changes to the UFADAA and the version of the act adopted by Delaware that recognize these differences between digital and physical assets. In order to …

… the Uniform Fiduciary Access to Digital Assets Act provides a … explores why fiduciaries need access to digital assets when an … laws that are specific to digital assets. In the third section, it …

… In a sense, digital inheritance rights address the most sensitive aspects of human privacy … Digital inheritance—as with the right to privacy—is understood more in terms of property than …

We are living our life online more and more nowadays. We access internet banking, investments online and into communication with our family and friends through various social media and other means over the internet. In this context it is becoming more and more important that what happens to our digital existence after our death. In the process of digital inheritance, digital media is handed over to the beneficiaries in the form of rights and digital assets understanding the rights that exist with the beneficiaries after a person's death. As the digital inheritance concept is quite fresh, substantial legal systems are yet to be established to deal with matters after our death. It is for that reason the websites who govern the act of the users. It is clear that a comprehensive legal arrangement is necessary to address this important issue of digital inheritance and hopefully this will be dealt with by the various Governments across the world in due course. This paper explains the concept of Digital Inheritance and explores the various options social media services provide for managing a deceased user’s data.[1] An effort is also made to suggest that Digital Will may be a choice to address this problem.

… online presence and a diminishing brick-and-mortar presence. They may have to work with our online tax preparer, multiple retirement accounts, … Estate management by our family and …

… death.But the problem is that many people do not inform the online account hosts of the death… ' While it is true that online account privacy agreements will be able to provide a substantial …

… ’s death truth to Facebook administrator. Next, Facebook administrator verify to user’s death … So, we propose ADAM (A new approach to digital asset management system after death of …

This article discusses four types of fiduciaries, each of which is affected by the vast growth in and the need to manage digital property. The article begins by defining digital property and …

… The Act ensures that digital property, including emails, social media accounts, and … , their reliability has not yet been tested in probate litigation. If courts are asked to evaluate whether a …

… Perhaps not, since in some areas specific codes have emerged to address digital property rights. In the following sections of this article, we explore a range of digital property-related …

… that allows access to litigation documents through shared folders to … access to all of the decedent's digital property. First, it is … more traditional types of probate assets might be productive …