In today’s digital age, our lives are intricately woven into the fabric of the online world. We create and accumulate a vast array of digital assets, ranging from sentimental memories captured in photos and videos, to valuable financial accounts and personal information. However, amidst the hustle and bustle of our daily lives, we often overlook the need to incorporate these digital assets into our estate planning.

In this blog post, we will delve into the significance of including digital assets in your estate plan and explore different strategies that can help safeguard your digital legacy for future generations.

Understanding Digital Assets

Digital assets encompass a broad range of items, including but not limited to:

• Personal media files: photos, videos, and audio recordings.
• Financial and business accounts: bank accounts, investment portfolios, and online businesses.
• Social media profiles: Facebook, Instagram, Twitter, and other platforms.
• Intellectual property: patents, trademarks, and copyrighted materials.
• Cryptocurrency: Bitcoin, Ethereum, and other digital currencies.
• Email and cloud storage accounts: Gmail, iCloud, Dropbox, and similar services.
• Digital subscriptions: Netflix, Spotify, Amazon Prime, and more.

The Importance of Digital Asset Planning

• Preservation of memories: Items such as digital photo albums, social media accounts, and personal correspondence can hold treasured memories that you may want to pass on to your loved ones. By including them in your estate plan, you ensure they are saved for future generations, fostering a sense of continuity and heritage.
• Protecting financial and business interests: Failing to account for digital assets may lead to potential financial losses, as valuable financial accounts, cryptocurrency holdings, and online businesses may remain unattended or inaccessible. By incorporating digital assets into your estate plan, you secure the financial well-being of your heirs and prevent potential monetary setbacks.
• Safeguarding privacy and security: Including digital assets in your estate plan allows you to dictate how your personal information should be handled, preventing unauthorized access or misuse.
• Avoiding legal complexities: Without proper planning, loved ones may face legal hurdles in accessing or managing your digital assets after your passing, leading to unnecessary delays and complications. By proactively including digital assets in your estate plan, you mitigate the risk of legal disputes and provide clear guidance to your beneficiaries.

Strategies for Incorporating Digital Assets into Your Estate Plan

• Conduct a Comprehensive Digital Asset Inventory
  • Compile an inventory of all your digital assets, including online accounts, subscriptions, digital media files, intellectual property, and cryptocurrency holdings.
  • Document relevant details, such as account names, usernames, passwords, and any associated financial or sentimental value.
• Appoint a Digital Executor or Trustee
  • Designate an individual or trustee who will manage your digital assets after your passing, ensuring their proper distribution and preservation.
  • Clearly outline the responsibilities and authority of the digital executor or trustee, providing them with necessary access credentials and instructions.
  • Consult your digital executor or trustee about special requirements that companies such as Google, Apple, and Yahoo may have. Some of these companies have specific procedures that you may need to be aware of and plan around. A professional can help you navigate these procedures.
• Specify Your Digital Asset Wishes
  • Detail your preferences regarding the handling of specific digital assets. For instance, indicate whether you want social media profiles to be memorialized, deleted, or managed by a trusted individual.
  • Provide instructions for accessing encrypted files or password managers, ensuring smooth transfer of ownership.
• Store Digital Asset Information Securely
  • Safeguard your digital asset inventory and related documents using secure methods, such as password managers or encrypted files.
  • Inform your digital executor or trustee of the location, access credentials, and necessary decryption keys to guarantee a seamless transition.
• Update Your Digital Asset Plan Regularly
  • Review and update your digital asset inventory periodically, especially when acquiring new assets or modifying existing ones.
  • Reflect changes in your estate plan accordingly, making sure your digital asset instructions remain accurate and up to date.

Incorporating digital assets into your estate plan is no longer an option, but a crucial aspect of comprehensive planning in the digital era. By acknowledging the significance of your digital legacy and taking proactive steps to protect and pass on these assets, you ensure that your loved ones can properly manage, access, and cherish your digital presence after your passing. Embrace the opportunities offered by digital asset planning and consult professionals to create a plan that works for you.

Have Additional Questions?

If you would like to learn more about including digital assets in your estate plan, our team is here to help. Please contact us for more information.

Rebecca McNabb, J.D., LL.M., serves as Vice President and Trust Officer for Magnolia Trust Company. In this role, Rebecca brings her legal background and trust administration experience to support the areas of complex estate planning and trust administration issues.