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Planning for the Digital Age: Safeguarding Your Online Legacy in Estate Planning

On Behalf of | May 19, 2023 | Firm News |

In today’s digital world, our lives are intertwined with online accounts, digital assets, and virtual identities. As an estate planning and probate attorney, I understand the critical importance of including digital assets in your estate plan. Failing to address these assets can lead to complications, loss of valuable information, and potential security risks. Effective estate planning should also take into consideration digital assets and online accounts as an integral part of your estate plan.

What are Digital Assets?

Digital assets encompass a wide range of valuable information stored electronically, including, but not limited to:

  • Financial Accounts: Bank accounts, investment portfolios, cryptocurrencies, and digital payment platforms.
  • Social Media Profiles: Facebook, Twitter, Instagram, LinkedIn, and other social media accounts.
  • Online Businesses: Websites, domain names, online stores, and digital intellectual property.
  • Digital Collections: E-books, music libraries, digital photographs, and videos.
  • Email and Communication Accounts: Email accounts, instant messaging, and cloud storage.

Why should I include digital assets in my Estate Plan?

Asset Protection

Failing to account for digital assets may result in their loss or unauthorized access, potentially exposing sensitive information and compromising your estate’s value. Proper planning ensures their protection and the smooth transfer of ownership.

Access and Management

Without clear instructions, loved ones may face significant difficulties accessing and managing your digital accounts after your passing or incapacity. By including these assets in your estate plan, you designate individuals who can handle and access your digital presence according to your wishes.

Digital Estate Administration

Executors and administrators must have the legal authority to manage digital assets during the probate process. By addressing digital assets in your estate plan, you facilitate the administration and distribution of your estate, avoiding unnecessary delays or disputes.

Preserve Your Online Legacy

Digital assets often hold sentimental value. Family photos, personal emails, and social media accounts are repositories of cherished memories. Planning for digital assets allows you to preserve and pass on these valuable aspects of your life to your loved ones.

How should I prepare to include digital assets in my Estate Plan?

  1. Take Inventory.

    Identify your digital assets, including account information, usernames, passwords, and security questions. Make a comprehensive list of all your online accounts and digital holdings.

  2. Appoint a Digital Executor or Agent

    Designate a trusted individual to manage and administer your digital assets in the event of your incapacity or passing. Provide clear instructions on their rights, responsibilities, and how you want them to handle each asset.

  3. Review Terms of Service Agreements

    Some online platforms have specific policies regarding the transfer or deletion of accounts after death. Understanding these terms is crucial for ensuring compliance and maximizing the value of your digital assets.

  4. Safeguard Access Information

    Store your digital asset inventory and access information securely. Consider using a password manager or a trusted digital storage solution to safeguard this sensitive information. Share access instructions only with authorized individuals named in your estate plan.

  5. Consult with an Estate Planning Attorney

    An experienced estate planning attorney can help you navigate the legal complexities surrounding digital assets and ensure they are properly addressed in your estate plan. They will guide you through the necessary steps, tailor your plan to your specific needs, and provide peace of mind.

In the digital age, comprehensive estate planning must extend beyond physical assets. Planning for digital assets and online accounts is essential to protect your interests, preserve your online legacy, and provide for the seamless transfer of your digital estate. By consulting with an experienced estate planning attorney, you can ensure that your estate plan effectively addresses these assets, enabling your loved ones to manage and benefit from your digital presence in accordance with your wishes. Embrace the digital era, safeguard your online legacy, and reach out to me today to begin planning for your digital assets.