Protecting Your Digital Assets in Your Estate Plan

Technology has transformed estate planning in many ways. Today, meetings with attorneys can happen over video calls, and documents can be securely shared through online portals. As estate planning evolves, it’s becoming increasingly important to account for digital assets alongside traditional assets like real estate and financial accounts. A recent article from Cape Gazette, “Estate Planning for Digital Assets,” highlights key steps for including digital assets in your estate plan.

What Are Digital Assets?

The definition of digital assets is constantly evolving as new types of assets emerge. However, most digital assets can be grouped into the following categories:

• Electronic communication – Emails, social media accounts, and blogs
• Reward programs – Credit card points, airline miles, and hotel loyalty programs
• Financial accounts – PayPal, Venmo, and online investment or banking accounts
• Digital media – Music, videos, photos, and e-books
• Intellectual property – Domain names, articles, books, videos, and artwork
• Stored data – Files stored on cloud services or personal devices

Challenges of Managing Digital Assets

Accessing digital assets after someone’s death is more complicated than many people realize. Terms of Service Agreements (TOSAs), which you agree to when creating an online account, often limit or prohibit another person from accessing the account—even if they have your login details.

In some states, fiduciaries (such as executors or powers of attorney) have been granted legal authority to access digital assets. However, the rules vary by jurisdiction, making it important to work with an estate planning attorney who understands local laws.

Steps to Protect Your Digital Assets

To effectively protect your digital assets, start by creating a detailed inventory that includes:

• Type of asset
• Location of the asset (e.g., URL)
• Username and password
• Whether two-factor authentication is required

Next, review each platform’s options for designating someone to manage your account after your death or incapacity. Some major platforms, like Google and Facebook, allow you to assign a trusted contact for this purpose.

You should also name a digital executor through a Power of Attorney (POA). The POA should include specific language authorizing the digital executor to access and manage your digital assets. This step is necessary in some states to ensure legal access to online accounts.

Make Digital Assets Part of Your Estate Plan

Including digital assets in your estate plan ensures that your online presence and intellectual property are handled according to your wishes. At The Werner Law Firm, our experienced estate planning attorneys will guide you in creating a comprehensive plan that covers both traditional and digital assets. We’ll help you appoint a digital executor and ensure your Power of Attorney gives them the authority needed to manage your digital assets.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

Reference: Cape Gazette (Feb. 7, 2025) “Estate Planning for Digital Assets”