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Estate Planning with Apple’s Legacy Contact

Client Alert
August 9, 2023

What happens to your Apple ID account when you die? Apple has created a feature among its products which allows you to choose one or more people to have access to your Apple ID account following your death. Apple refers to the online tool as a “Legacy Contact.” An Apple user may designate anyone to be their Legacy Contact, including those who do not own an Apple device or have an Apple ID. You can send the legacy contact a message that includes the access key, or you can print off a copy and keep it with your estate documents. At any time before your death, you may remove someone from being a Legacy Contact. The person you have removed will not receive a notification that they have been removed. However, their access key will no longer work.

If you are named as someone’s Legacy Contact and the account holder has passed, you can access their data by submitting a request to Apple with the access key that you received and the account holder’s death certificate. Once this information has been verified and access has been approved, the Legacy Contact will receive a special Apple ID to access the account data. The data a Legacy Contact may access includes photos, notes, mail, contacts, calendars, reminders, messages, call history, health data, Safari bookmarks, voice memos, and files stored. The Legacy Contact’s access only lasts for three years, and the account will be deleted permanently following the three-year period.

Apple’s new feature has a significant impact on estate planning. Under Ohio law, online tools such as Apple’s Legacy Contact supersede contrary directions in a person’s will, trust, power of attorney, or other record. This means that if you do not name the same person to be your Legacy Contact as you name in your will or trust, your Legacy Contact may act contrary to what your will or trust states. Therefore, it is important to consult with an experienced estate planning attorney when determining how to handle digital assets. Those who do not have a plan for their digital assets may be susceptible to identity theft, losses to the estate, exposure of secrets, and loss of sentimental data.

If you have any questions regarding Apple’s Legacy Contact or planning for your digital assets, please contact Cassandra Manna at clmanna@bmdllc.com or (216) 658-2206.

Estate Planning
Client Alert

Corporate Transparency Act Overhauled: U.S. Entities No Longer Required to Report

March 24, 2025The Department of Treasury has issued an interim final rule significantly altering the Corporate Transparency Act (CTA). As of March 21, 2025, all U.S.-created entities and their beneficial owners are exempt from reporting requirements. Only non-U.S. entities registered to do business in the U.S. must still report, but they are not required to disclose U.S. citizen owners. Business owners should stay informed on these changes and consult legal counsel for compliance guidance.Client Alert

ODM to Implement Medicaid Work Requirements: What Providers and Medicaid Expansion Recipients Need to Know

March 21, 2025The Ohio Department of Medicaid (ODM) has submitted a waiver to impose work requirements for Medicaid expansion recipients. If approved, the new eligibility criteria will take effect on January 1, 2026. A federal public comment period is open until April 7, 2025.Client Alert

Ohio Appellate Court Rules in Favor of Gender-Affirming Care

March 19, 2025On March 18, 2025, the 10th District Court of Appeals in Franklin County ruled that Ohio’s House Bill (HB) 68, which restricts puberty blockers and hormone therapy for minors seeking gender-affirming care, violates the Health Care Freedom Amendment and is therefore unenforceable. The court found that the law unlawfully interferes with parental rights and medical decision-making. The case, Moe v. Yost, has been remanded, and Ohio Attorney General Dave Yost intends to appeal.Client Alert

HHS Revokes Public Comment Requirement on Certain Policy Changes

March 5, 2025The U.S. Department of Health and Human Services (HHS) has revoked the Richardson Waiver, eliminating the requirement for public notice and comment on certain policy changes. This decision allows HHS to implement new policies more quickly, potentially affecting healthcare funding rules like Medicaid work requirements. While it speeds up policymaking, it also reduces opportunities for stakeholder input, raising concerns over transparency and unintended consequences for healthcare providers, states, and patients.Client Alert

Don't Get Caught Dazed and Confused: Another Florida Court Weighs in on Employer Obligations to Accommodate Medical Marijuana Use

March 3, 2025A Florida trial court ruled in Giambrone v. Hillsborough County that employers may need to accommodate off-duty medical marijuana use under the Florida Civil Rights Act (FCRA). This contrasts with prior rulings and raises new compliance challenges for employers. With the case on appeal, now is the time to review workplace drug policies.
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