23 Jun OPTIONS IN HANDLING A DECEASED FAMILY MEMBER’S FACEBOOK ACCOUNT
Have you ever been notified of a friend’s birthday even after their death? Sometimes family members (parent, sibling, child, spouse) or executors fail to notify Facebook of the account holder’s death. Instead of doing nothing, there are 2 options: (1) deletion of the account or (2) memorializing the page. If you don’t act, the account stays active, which allows it to be at risk of being hacked.
If you want to delete the account, Facebook will accept a photo of the death certificate (although the Social Security number should be redacted) of the account holder. If you don’t have that, Facebook will require proof of authority and proof the account holder has died (i.e., memorial card, obituary, etc.). Proof of authority would include a letter from the executor with a copy of the will. Although a power of attorney terminates at death, Facebook will sometimes accept that document as proof of authority. It is recommended that your power of attorney gives the agent the authority to handle digital assets. The most recent Texas statutory durable power of attorney includes authority over digital assets. If the deceased Facebook account holder is a minor, then a birth certificate will also be needed.
For privacy protection, Facebook cannot provide anyone with login information for accounts. You will need the deceased’s name, link (URL – found in the address bar) to their profile and email address when you make the request to remove the account.
Facebook delays the deletion of the account for a few days. Once deleted, it can no longer be accessed. All messages, photos, posts, comments and reactions will be removed from Facebook in addition to the profile of the deceased.
Another option is to memorialize the account. If memorialized, the word “remembering” will be shown next to the person’s name on their profile. A legacy contact can be appointed to oversee the profile. Friends can share memories on the timeline of the deceased.
The legacy contact can change the deceased’s profile picture and cover photos, respond to friend requests, or write a post.
To be a legacy contact, you must be a Facebook friend of the deceased. The will of the deceased should name who should be in charge of the deceased’s online accounts. A court in charge of administering the estate can issue an order on who is appointed as custodian of a deceased account holder’s social media accounts (if no legacy contact is added).
If interested in learning more about this article or other estate planning, Medicaid and public benefits planning, probate, etc., attend one of our free upcoming Estate Planning Essentials workshops by clicking here or calling 214-720-0102. We make it simple to attend and it is without obligation.