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Estate Planning with Apple’s Legacy Contact

Client Alert

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.


Supreme Court Issues Major False Claims Act Decision

Telehealth Flexibility Updates: HIPAA, DEA, and CMS

The Covid-19 Public Health Emergency (PHE) officially ended on May 11, 2023. But what does that mean for telehealth, a field that expanded exponentially during the PHE? Fortunately, many of the flexibilities will remain intact, at least temporarily. This client alert presents a brief overview of the timelines that providers need to follow, but for a more comprehensive review of telehealth flexibilities and when they will end

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.