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For hundreds of years, most information existed in tangible form, usually in paper documents.  However the advent of digital technology, has transformed the way people acquire and store information and transact business.  As people continue to embrace digital technology, many tangible documents have been replaced by digital files.  This shift towards digital media has created challenges for fiduciaries tasked with corralling digital assets for individuals who have either lost capacity or died.

In Florida, when an individual dies or is declared incapacitated, a fiduciary is required to use their legal authority to inventory the person’s assets, pay the persons creditors and expenses, and preserve the assets while they are incapacitated or transfer the assets to the proper beneficiaries.  Traditionally, an individual’s personal information could be located by searching their paper records, where one could find information regarding bank accounts and bills to be paid.  However, the digitalization of personal information has made locating these records more complicated.  Fiduciaries must identify and locate these digital assets, determine who has control over access to the assets, and figure out how to access those assets.  Continue reading

By now you have probably heard about former NBA star, Lamar Odom’s, health scare.  Odom was found unconscious in a Nevada brothel on Tuesday, October 15, 2015.  Fortunately, Odom’s condition has improved, and he appears to be on the road to recovery.  What you might have not heard about in the news, however, are the estate implications and complications that came as a result of lax estate planning on behalf of Odom.

Although Odom was a highly-skilled NBA player, his increased fame can be attributed largely to his starring role on E!’s hit TV-series “Khloe & Lamar.”  Because of the popularity of the series, Khloe Kardashian and Odom’s “divorce” got a lot of attention and publicity from the media, but apparently not from the California courts.  As it turns out, the couple signed and filed divorce papers in July of 2015, but due to a severe backlog in the California courts, their divorce has not been finalized.  As a result of the delay, Lamar Odom and Khloe Kardashian are still legally married.  These circumstances created an interesting situation when Odom was found unconscious at the brothel because, as his legal spouse, Khloe Kardashian is responsible for making medical decisions on Odom’s behalf.

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