Lunarpages Web Hosting Forum

Author Topic: Leaving a Website in a Will  (Read 6890 times)

Offline parrotphotos

  • Trekkie
  • **
  • Posts: 14
    • http://parrotphotos.us
Leaving a Website in a Will
« on: January 14, 2007, 04:34:52 PM »
I recently had a friend ask...  Is it possible to leave a website to someone in a will.  If so, how would she go about it?  I haven't had any luck in finding information about this, so any input would be appreciated.

Offline tarheit

  • Galactic Royalty
  • *****
  • Posts: 460
    • Honey Run Apiaires
Re: Leaving a Website in a Will
« Reply #1 on: January 14, 2007, 05:29:19 PM »
Might be a good question for a lawyer.  But I think it should be too different from transfering a copyright, intellectual property, trademarks and/or contracts/licensing depending on what comprises the website.    Could be tricky so I'd definately have a lawyer write it up. 

-Tim

Offline fretnmore

  • Grandma Looney
  • Über Jedi
  • *****
  • Posts: 2841
    • Tri Wolf Studios
Re: Leaving a Website in a Will
« Reply #2 on: January 14, 2007, 06:35:28 PM »
I would recommend consulting an attorney also.

Weird for me, I worried about who would take care of my dogs if something happened to me, but never thought about anything like this. I guess I figured there wouldn't be too many people wanting to take over my sites. Maybe if I finally started to actually earn money with them, it would be a different story.
Life is not measured by the number of breaths we take, but by the moments that take our breath away.
----------------------------------------------------------
Tri-Wolf Studios
Lunarpages Web Hosting
Lunarpages Forums
Lunarpages Affiliate Program

Offline MrPhil

  • Senior Moderator
  • Berserker Poster
  • *****
  • Posts: 6421
Re: Leaving a Website in a Will
« Reply #3 on: January 14, 2007, 07:52:28 PM »
I recently had a friend ask...  Is it possible to leave a website to someone in a will.  If so, how would she go about it?  I haven't had any luck in finding information about this, so any input would be appreciated.

IANAL, so take the following advice with care...

As mentioned previously, a Web site (and domain name) ought to be considered intellectual property (IP) that belongs to a person or business, and shouldn't be much different than bequeathing some physical (personal or real) property. Some things in IP, such as copyrights, only survive their creator's death by some fixed length of time (although thanks to Disney, it will be extended forever, it appears). It would probably be a good idea to talk to a lawyer familiar with IP. What I would be more concerned about is the mechanics of transferring stuff from one owner to another -- will the domain registrar give you any problem, will the hosting company give you any problem? As long as you have the account name, password, and credit card number used, will they care? What happens when it comes time for renewal and the old credit card is no longer honored by the issuer? How about passwords -- are they stored someplace safe where someone trustworthy can get to them and keep the site alive while the will goes through probate? Don't put them someplace where access could be frozen for many months (safe deposit boxes?)!

Where there's a Will, there's a Way!
Visit My Site

E-mail Me
-= From the ashes shall rise a sooty tern =-

Offline easycall

  • Intergalactic Cowboy
  • *****
  • Posts: 66
    • EasyCall Communications
Re: Leaving a Website in a Will
« Reply #4 on: January 14, 2007, 07:57:37 PM »
I never gave much thought to this either, but when I was fighting cancer, this became a big issue for me.  Since then, I have formed a sole proprietorship with my husband and now if I did go, he'd have the ability to carry on.  Instead of using a SS# for our money earning sites, I use our Federal Tax ID.  My sites still have me as the contact, but I think he could change that easy enough since they are also using the business name.

Thankfully, I've been cancer free now for almost 5 years and plan to be around for a long time to come! :java:
Colleen
http://www.easycall.net/
--If you don't believe in something, you'll fall for anything.

Dark Side

  • Guest
Re: Leaving a Website in a Will
« Reply #5 on: January 15, 2007, 04:44:57 AM »
Quote
Thankfully, I've been cancer free now for almost 5 years and plan to be around for a long time to come!

Bless you girl! Keep the faith.  :clap:  :thumb:

Offline SteveW

  • Master Jedi
  • *****
  • Posts: 1392
Re: Leaving a Website in a Will
« Reply #6 on: January 15, 2007, 09:23:29 PM »
In addition to what's been said already, if the site generates any income at all or is intended to do so, it could be considered a small business, and a web search on transferring a sole proprietorship in a will might turn up usable info. If you're creating a will, you are likely using an attorney, so that would be the best person to ask.

Offline parrotphotos

  • Trekkie
  • **
  • Posts: 14
    • http://parrotphotos.us
Re: Leaving a Website in a Will
« Reply #7 on: January 16, 2007, 04:34:18 PM »
Thanks so much, everyone!  I really appreciate your input.  You all have brought up some very good points.

Lynne