Does inheriting a computer include the digital property stored on it?
Key takeaway
Inheriting a computer does not necessarily transfer ownership of the digital property stored on it or access to the service that holds it. A computer is physical hardware, while emails, financial accounts, blogs, videos and business accounts are separate digital assets. Ownership can depend on the rights attached to each asset, and account terms can affect access or transfer. Washington has a specific rule for fiduciaries with authority over tangible personal property.
A computer and its contents are separate
A computer is a storage device, and its contents can be separate digital assets. Digital assets include things created, communicated, sent, received or stored electronically. Ohio defines a digital asset as an electronic record in which an individual has a right or interest. Ohio excludes an underlying asset or liability unless it is itself an electronic record.
Ownership depends on rights attached to an asset
Ownership of a digital item depends on the rights attached to it. A user may have purchased only a license to use an asset, and the agreement's terms can affect what the user owns. Purchased software licenses may or may not be transferable. A file stored on a computer therefore does not by itself establish ownership of the underlying digital item or a right to transfer it.
Account access can differ from content ownership
Account access can depend on the account's terms of service. Those terms may grant access only to the user and prohibit transfers. An estate may own created content but be unable to access the service holding it. Emails, financial accounts, blogs, videos and business accounts illustrate the range of digital assets that may be held through services.
Washington addresses access to stored digital assets
Washington law treats a fiduciary with authority over a decedent's tangible personal property as authorized to access digital assets stored in that property. The rule concerns access to stored digital assets.