In today’s digital world, our online presence — from photos and videos to financial accounts and social media — has become a vital part of who we are. But have you thought about what happens to those digital assets when you’re gone?
Digital assets are a commonly overlooked yet crucial element of estate planning. It’s all right if you didn’t include them when you first created your will or trust; it’s a common oversight and, fortunately, one that’s easy to correct.
What Are Digital Assets?
Digital assets include all of the following:
- Digital photos and videos saved on your phone, in the cloud, or on an external hard drive
- Files (emails, financial documents, business records, etc.) stored on your computer or in the cloud
- Cryptocurrency and nonfungible tokens (NFTs)
- Domain names (URLs)
- Social media profiles (Facebook, LinkedIn, X, Instagram, TikTok, etc.)
- Content creation and affiliate accounts (YouTube, Amazon, Google, ClickBank)
- E-commerce or online business accounts (Etsy, Shopify)
- Device backups and online databases
These assets can hold not only sentimental value but also significant financial worth. For some, they may even represent the most valuable part of an estate. Whether or not you plan for them, your legacy now extends beyond heirlooms and savings — it includes your digital life, too.
1. Make a Complete Inventory
Start by creating a list of every online account and platform you use. For business owners, include spreadsheets, client records, digital files, and databases.
This inventory serves two purposes: it helps your estate planning attorney create a complete plan, and it ensures your trusted decision-makers — such as your executor, trustee, or agent under a power of attorney — know what exists and where to find it when needed.
2. Appoint a Digital Fiduciary (or Cyber Successor)
A digital fiduciary is someone you trust to access and manage your online accounts if you become incapacitated or after your death. Often, this person is already serving in another fiduciary role, such as your trustee or personal representative.
Access to digital assets is governed by state law — for example, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) — and by each platform’s terms of service. Be sure to store your login details securely and consider enabling tools like Google’s Inactive Account Manager or Apple’s Digital Legacy to simplify access for your fiduciary.
3. Appoint a Digital Fiduciary (or Cyber Successor)
Depending on your circumstances, it may be appropriate to include digital access provisions in your power of attorney or to fund certain digital assets into a trust. Your estate planning attorney can help determine the best strategy to protect, transfer, or preserve your digital assets based on your unique goals.
Because the laws surrounding digital estate planning are still evolving, it’s important to review your plan regularly to ensure it reflects the most current requirements.
4. Don’t Leave Your Digital Legacy to Chance
Failing to plan could mean losing access to treasured family photos, disrupting your business operations, or locking loved ones out of important accounts.
If the process feels overwhelming, we can help. The estate planning attorneys at King Law Offices can guide you through identifying, securing, and protecting your digital assets — giving you and your family peace of mind.
Contact King Law today to schedule a consultation and make sure your digital legacy is as secure as the rest of your estate.
