Chayet & Danzo, LLC Chayet & Danzo, LLC
Law Pay

Call for a Free Initial Consultation

Direct 303-872-5980
Toll-Free 888-472-1088
Email Us


After careful review of the COVID-19 environment, the law firm of Chayet & Danzo, LLC, will be conducting in-person appointments in our offices on a limited basis and with strict social distancing protocols.

During this time, our team will continue to diligently work remotely on all client matters and will maintain communication through email, telephone, and video conferencing. Our main office number, (303) 355-8500 will continue to be answered during our normal business hours of 8:00 a.m. to 5 p.m. Monday - Thursday and 8:00 a.m. to 4:00 p.m. on Fridays.

This decision to have limited appointments in-office while following strict social distancing protocols is in the best interest and health of our team, clients and community.

We will continue accepting new clients during this period as well as fully servicing our existing clients.

We wish you and your family continued health during these unique and challenging times.

Compassion, talent and dedication: guiding colorado families and Their Trusted Advisors During Times of Need

How can you access the digital assets of a loved one?

Whether appointed a personal representative or a trustee, you cannot overlook digital assets. An online brokerage accounts comes with a known value. But other accounts such as iTunes or Pokémon Go! (level 14 is bringing in more than $100 on eBay) have value. Online properties like Facebook and Gmail can be notoriously difficult to access without login information.

In a post earlier this month, we discussed the new Colorado legislation that allows certain individuals to access these digital assets. In this post, we will explain the default provisions for gaining access or additional information absent a designation in an online tool.

Personal representatives

If a loved one appointed you as a personal representative to administer an estate, review whether consent was granted to access online accounts in the existing estate plan. This is the easiest route, but often neglected in estate plans.

The general rule has been that absent consent, you’d need a court order to access any content in electronic communication (emails or Facebook chats). And it would only be when reasonably necessary to administer the estate.

Under the new law even without express consent, a personal representative can access a catalog of e-communication. This would allow you to find out the email address of the sender and the time and date of the message. This can help wind down online accounts.

Trustee rules

If you are a trustee and you did not create an online account, you can access content on e-correspondence if expressly authorized in trust documents. But similar to a personal representative, you could likely gain access to a catalog of messages even without express consent.

As a personal representative or trustee, you still have certain duties when dealing with online accounts. Three general duties are:

  • Loyalty
  • Care; and
  • Confidentiality

When you are appointed as a personal representative or trustee and have questions about your legal duties, speak with a skilled estate administration lawyer for guidance. Getting questions answered correctly the first time can often avoid conflicts or mistakes.

No Comments

Leave a comment
Comment Information

Watch Our Firm Video

We are the premier Elder Law firm in the Colorado region. We set ourselves apart from other law firms in the area with our talent, dedication, compassion and ability of our attorneys to handle any case in Elder Law. We serve Colorado families with experience and dignity in your time of need.

View More Videos

Denver Office
650 S.Cherry St., Suite 710
Denver, CO 80246

Toll Free: 1-888-472-1088
Phone: 303-872-5980
Fax: 303-355-8501
Denver Law Office Map

Edwards Office
105 Edwards Village Blvd.
Edwards, CO 81632

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Edwards Law Office Map

Aspen Office
600 East Hopkins Avenue
Suite 301
Aspen, CO 81611

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Aspen Law Office Map

  • Rated by Super Lawyers Macro Chayet
  • Rated by Super Lawyers Frank J. Danzo, III
  • Member National Academy of Elder Law Attorneys, Inc. TM
  • Avvo Rating 10.0 Superb Top Attorney Elder Law
  • 2015 Five Star Professional Wealth Manager Multi-Year Winner
  • Our new 2015 Medicaid Book: how to protect your Family's Assets from devastating nursing home costs
  • Peer Review Rated For Ethical standards & Legal Ability TM Martindale Hubbell