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Covering Digital Assets in Your Estate Plan

Covering Digital Assets in Your Estate Plan

June 22, 2023

The digital age is a rapidly shifting landscape, affecting everything from how we stayconnected to our loved ones to how we bank. It’s no surprise that changing technologyand lifestyles warrant adjustments to the way we approach estate planning. Even if youdon’t invest in cryptocurrencies or NFTs, here are the digital assets you should include inyour will and how to make sure they’re dispersed according to your wishes. 

What are Your Digital Assets? 

It’s easy to overlook digital assets, especially when writing your will, because many ofthem have more sentimental than monetary value, not to mention they aren’t things youcan physically hold or necessarily see every day. Make sure to include intellectualproperty like patents, domain names, logos or trademarks, and works of authorship.Anything with monetary value should be listed in your will so that it can be accuratelyreported on estate tax returns. 

Don’t forget to include sentimental property and mementos that are stored digitally.Things like photos, videos, and emails are often very meaningful to your loved ones afteryour passing but can be difficult to access if you haven’t made legal provisions. Digitalassets that aren’t named in your will can be subject to probate or lost forever if yoursuccessors don’t have the means to access them and the legal rights to do so. 

How to Cover Your Bases 

Maybe you’d like your children to be able to publish a memoir in the future using yourphotos and digital journal entries or correspondence, but simply listing your digitalassets in your will may not give them the permission you intend. For example, givingyour beneficiaries legal access to digitally stored personal emails or photos via yourestate may not give them legal permission to access or use that information.Conversely, what about information that you would like deleted when you pass? Manyplatforms like Google and Facebook include stipulations in their user agreementsregarding how your information will be protected and made accessible after your death.If going back through all of your account settings sounds daunting, using the properlanguage in your estate plan can override any user agreements. Make sure to create acomprehensive list of what to delete and what to preserve, and assign a trustee orexecutor to fulfill your wishes. 

Make Sure It’s Accessible

One of the most important ways to care for your family after your passing is to makesure your loved ones have the information they need in order to access your digitalassets. Keep a list of your accounts, usernames, and passwords, along with adescription of where to find digitally stored sentimental or monetarily valuable assets.Store this information, along with your estate information and financial asset details, ina secure location, like a lockbox, and don't forget to let your executor know where andhow to get to it. 

One of the greatest gifts you can leave to your family is a smooth transition. Planningahead can help your family avoid lengthy legal proceedings during an emotionallydifficult time, and making sure they can access meaningful mementos like photos oryour life’s work is a beautiful way to leave a legacy of love.