A Guide to Protecting Your Digital Assets In Your Estate Plan

In our increasingly digital world, it’s essential for you to consider the protection of your digital assets as part of your comprehensive estate plan. From cherished memories stored in photo albums to valuable financial information kept online, your digital life is a significant component of your legacy. As an estate planning attorney, I understand the importance of ensuring that your loved ones have access to and control over these assets after you’re gone. In this guide, we’ll explore the key considerations and steps to effectively protect your digital assets in your estate plan.

1. Identify Your Digital Assets: The first step in safeguarding your digital legacy is to create a comprehensive list of your digital assets. This includes:

1. Online accounts: Email, social media, financial, and other platforms.
2. Digital files: Photos, videos, documents stored on your devices or in the cloud.
3. Cryptocurrencies: Bitcoin, Ethereum, and other digital assets.
4. Intellectual property: Blogs, websites, and other digital creations.

1. Secure Access Information: Ensure that your loved ones can access your digital assets by providing them with the necessary login credentials. Consider using a secure method, such as a password manager, to store and share this sensitive information. Update these details regularly and include instructions on accessing two-factor authentication methods.
2. Incorporate Digital Assets into Your Estate Plan: Work with your estate planning attorney to update your will. Clearly outline your wishes regarding the distribution or management of each digital asset. Specify whether you want your social media accounts memorialized, deleted, or transferred to a designated individual.
3. Appoint a Digital Executor: Designate a digital executor who is responsible for carrying out your digital asset instructions. This individual should be tech-savvy and have a clear understanding of your wishes. Communicate with them about the location of your digital asset list and any specific instructions you may have.
4. Understand Terms of Service Agreements: Different online platforms have varying policies regarding the transfer or management of accounts after an individual passes away. Review the terms of service agreements for each platform and incorporate them into your estate plan. Some platforms may require specific legal documentation for access.
5. Consider Digital Estate Planning Services: Explore the option of using digital estate planning services that facilitate the management and distribution of digital assets. These services often provide a secure platform for storing important information and automating the transfer of assets according to your instructions.

In the digital age, safeguarding your legacy involves more than traditional estate planning. Taking proactive steps to protect your digital assets ensures that your loved ones can cherish and manage these aspects of your life with ease. Work closely with an experienced estate planning attorney to navigate the complexities of digital estate planning and secure a lasting legacy for generations to come. Contact us at (856) 232-9500 to work on your digital estate planning.