Digital Assets in Estate Planning

Many people account for their property, securities and concrete property as part of their estate plan. However, much of individuals’s lives are now online, potentially leaving a person’s digital possessions unclaimed or even vulnerable to theft. A detailed estate plan need to deal with the handling of digital possessions.

Types of Digital Assets

There are a large variety of digital possessions that can range from emotional yet financially worthless to properties with high monetary value. Blog sites, conversation forums, listservs and similar locations can be valuable to some people. Email accounts may consist of private details and interactions that can costs businesses substantial amounts of money if the contents are revealed.


A main factor to consider relating to digital properties is how a person can access them. With other types of properties, a person may inform a trusted confidante or spouse where important properties are situated. This may not be the case with digital assets. In addition, people have actually been told over and over again not to document passwords and to use strong passwords that others may not be able to easily guess.

Stock of Possessions

Like an estate plan that deals with other types of property, the procedure starts by making a stock of assets. This consists of making a list of all assets and liabilities that remain in digital type. A testator may make a list of all hardware, flash drives, backup discs, digital images and comparable concrete products. The testator can discuss where different files are kept and what is on them, such as financial records or client files.

Digital Executor

The digital part of an estate plan might require to be handled by another individual. Someone who is savvier with technology or who would know how to access this information might be better to manage this portion of the estate, even if another administrator is named for the other aspects of a testator’s estate.


There must be clear directions regarding how an individual wishes to treat his/her digital properties after death. This might mean shutting down a social networks page. It might likewise mean deleting private files so that nobody sees them. A testator might wish to offer alert to specific individuals upon his or her death that can be much easier communicated if digital info is saved on these individuals.


With the rest of a person’s will, particular preventative measures need to be taken to ensure that the testator’s possessions will be protected and that all necessary legal actions have been taken. The digital possessions may be managed in the rest of an individual’s will or in a codicil to a will, depending on the state law where the law is formed. An estate planning attorney may assist with the process of ensuring legal safety measures are taken.

Post Author: Laurie Roberts

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