Protecting Your Legacy and Reputation After Death in California
California Legal Implications: Managing Legacy and Digital Assets
Following the passing of actor Eric Dane, known for his role in “Grey’s Anatomy,” former co-star Laura Ann Tull publicly alleged that the actor bullied her and that she was responsible for his firing from the show years prior. These claims, made via social media shortly after his death, highlight a complex issue in estate administration: how to handle attacks on a decedent’s reputation when they are no longer present to defend themselves. You can read the full details of these allegations in the source article..
For California families, this situation underscores the importance of comprehensive estate planning that goes beyond simple asset distribution. It raises critical questions about defamation of the deceased, the management of digital assets, and the protection of a person’s “Right of Publicity.”
Defamation and the Deceased in California
One of the most common questions probate attorneys receive when a loved one’s reputation is attacked posthumously is whether the estate can sue for defamation. Under California law, the general rule is that a cause of action for defamation (libel or slander) is personal to the individual and does not survive their death. This means that, generally, an estate cannot sue someone for speaking ill of the decedent, even if the statements are false.
Because the law provides limited recourse for posthumous reputation attacks, families often rely on Trusts to manage the narrative. A well-structured Trust can include specific instructions regarding the release of private records or the management of the family’s public statements, providing a unified front during the administration process. to manage the narrative. A well-structured Trust can include specific instructions regarding the release of private records or the management of the family’s public statements, providing a unified front during the administration process.
California’s Right of Publicity (Astaire Celebrity Image Protection Act)
While an estate may not be able to sue for hurt feelings, California provides robust protection for the commercial value of a person’s name, voice, signature, photograph, or likeness under Civil Code § 3344.1. This is known as the posthumous Right of Publicity..
For individuals with a public profile or commercial value attached to their identity:
– These rights are considered property and can be transferred via a Will or Trust.
– The rights generally persist for 70 years after death.
– If negative allegations impact the commercial value of the estate (such as royalties or merchandising), the Trustee has a fiduciary duty to manage these assets carefully..
– The rights generally persist for 70 years after death.
– If negative allegations impact the commercial value of the estate (such as royalties or merchandising), the Trustee has a fiduciary duty to manage these assets carefully.
Managing Digital Assets and Social Media
The allegations against Eric Dane surfaced on social media platforms. This highlights the necessity of planning for Digital Assets. In California, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) governs who can access and manage a deceased person’s online accounts.. In California, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) governs who can access and manage a deceased person’s online accounts.
To protect your digital legacy, your estate plan should:
– Explicitly grant your Executor or Trustee authority to access, manage, or delete social media accounts.
– Provide a list of accounts and passwords in a secure location (not within the Will itself, which becomes public record).
– designate a specific person to handle online correspondence to prevent unauthorized or damaging posts on the decedent’s own channels. authority to access, manage, or delete social media accounts.
– Provide a list of accounts and passwords in a secure location (not within the Will itself, which becomes public record).
– designate a specific person to handle online correspondence to prevent unauthorized or damaging posts on the decedent’s own channels.
About This Case
Source: Grey’s Anatomy Fame, Laura Tull Calls Eric Dane ‘Pure Evil’ Days After His Death, ‘He Was Fired..’
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Legal Disclaimer
This article is for informational purposes only. Consult with a qualified California estate planning attorney for advice specific to your situation.
