Wichita, KS asked in Estate Planning for Kansas

Q: I have a large collection of audiobooks. Is there a way I can leave them to someone after I pass away?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: Leaving a collection of audiobooks to someone after you pass away can be a bit complicated, as it depends on the nature of your ownership of these audiobooks. If you physically own these audiobooks, such as CDs or other tangible media, you can include them in your will like any other physical asset.

However, if your collection consists of digital audiobooks, such as those purchased through online platforms, the situation is different. Most digital content is not owned outright, but rather accessed through a license agreement with the service provider. These agreements often specify that the license is non-transferable and ends upon your death.

You should review the terms and conditions of the service provider to understand the rights you have regarding the transferability of digital audiobooks. If the service's terms do not allow for transfer upon death, it may not be possible to leave these digital audiobooks to someone else in your will.

In any case, it's advisable to consult with an attorney who has experience with estate planning and digital assets. They can provide guidance on how best to include these items in your estate plan, ensuring your wishes are as closely followed as possible within the bounds of the law.

Remember, planning for the transfer of both physical and digital assets is an important part of estate planning. It's essential to understand your rights and the limitations that may apply to digital assets.

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