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Estate Planning with Apple’s Legacy Contact

Client Alert
August 9, 2023

What happens to your Apple ID account when you die? Apple has created a feature among its products which allows you to choose one or more people to have access to your Apple ID account following your death. Apple refers to the online tool as a “Legacy Contact.” An Apple user may designate anyone to be their Legacy Contact, including those who do not own an Apple device or have an Apple ID. You can send the legacy contact a message that includes the access key, or you can print off a copy and keep it with your estate documents. At any time before your death, you may remove someone from being a Legacy Contact. The person you have removed will not receive a notification that they have been removed. However, their access key will no longer work.

If you are named as someone’s Legacy Contact and the account holder has passed, you can access their data by submitting a request to Apple with the access key that you received and the account holder’s death certificate. Once this information has been verified and access has been approved, the Legacy Contact will receive a special Apple ID to access the account data. The data a Legacy Contact may access includes photos, notes, mail, contacts, calendars, reminders, messages, call history, health data, Safari bookmarks, voice memos, and files stored. The Legacy Contact’s access only lasts for three years, and the account will be deleted permanently following the three-year period.

Apple’s new feature has a significant impact on estate planning. Under Ohio law, online tools such as Apple’s Legacy Contact supersede contrary directions in a person’s will, trust, power of attorney, or other record. This means that if you do not name the same person to be your Legacy Contact as you name in your will or trust, your Legacy Contact may act contrary to what your will or trust states. Therefore, it is important to consult with an experienced estate planning attorney when determining how to handle digital assets. Those who do not have a plan for their digital assets may be susceptible to identity theft, losses to the estate, exposure of secrets, and loss of sentimental data.

If you have any questions regarding Apple’s Legacy Contact or planning for your digital assets, please contact Cassandra Manna at clmanna@bmdllc.com or (216) 658-2206.

Estate Planning
Client Alert

Federal Trade Commission Voids Non-Compete Agreements Nationwide

April 30, 2024On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) issued its Final Rule containing regulations impacting non-compete agreements across the country for all employees. The Final Rule implements some of the most impactful changes to employment law during this century. The Final Rule will take effect 120 days from its publication in the Federal Register, which we expect to occur within the next few weeks.Client Alert

Department of Labor Finalizes Rule with Substantial Salary Increases for White-Collar Overtime Exemptions

April 30, 2024On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule that will significantly impact overtime eligibility for white-collar employees under the Fair Labor Standards Act (FLSA). This rule implements a dramatic increase in the minimum salary level required for an employee to be exempt under the FLSA’s administrative, executive, and professional exemptions (the so-called “white collar exemptions”) as well as the FLSA’s highly compensated employee exemption.Client Alert

Chemical Dependency Professionals Board Rule Changes: Part 2

April 1, 2024New rule changes for Certification of Chemical Dependency Counselor Assistants (CDCA)Client Alert

Board of Pharmacy Rule Changes

April 1, 2024Board of Pharmacy made changes to rules effective on March 4, 2024Client Alert

Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board Rule Changes

March 29, 2024The Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board has proposed changes to the Ohio Administrative Code rules discussed below. The rules are scheduled for a public hearing on April 23, 2024, and public comments are due by this date. Please reach out to BMD Member Daphne Kackloudis for help preparing comments on these rules or for additional information.
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