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In his article that draws from many areas of the law and the public policy concerns supporting each of them, Professor Andrew Gilden hones in on the shortcomings in the legal regime that governs the succession of social media and other digital assets. The article doesn’t focus on “ownership” but instead the “stewardship” of these assets—a concept in itself worth reflecting on as planners. The article has three parts: (1) a summary of existing stewardship principles; (2) Prof. Gilden’s new concept that seeks to address the shortcomings of the systems he summarized; and (3) how this new concept can be implemented. The first part is most useful for practitioners considering approaches to plan for their clients’ digital assets and legacies a...
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