How to Include Digital Life in Your Estate Plan

The same conveniences of digital life, from making bank deposits on the phone, posting photos instantly, and accessing investment accounts wherever you are in the world, create headaches for executors and heirs if no plans are made for a “digital afterlife.” A recent article from The Minnesota Star Tribune, “When death planning, don’t forget to account for your digital life,” explains how to plan ahead.

In the past, when someone died, their executor and family members would work together to go through paper financial statements, bills, and property ownership documents. There would usually be a shoebox or a cabinet somewhere in the house with relevant documents. The search is far more complex today, with information locked inside a computer or cell phone.

The right kind of authorizations are needed for each platform. You can create directives for Google, Yahoo!, Apple, and Facebook to request a copy of the account contents. This way, the executor doesn’t have to deal with passwords, encryptions, or data privacy laws.

• Google has an Inactive Account Manager, which notifies someone else if you stop using Google products for a designated period of time. You choose which data you want to share, and the contact receives a link for a download.
• Apple has Legacy Contacts, allowing you to add a contact for your Apple ID who will have access to your Apple account.
• Facebook also has a legacy contact who can manage your main profile if it is memorialized after your death. Friends and family members can leave memories and comments on your page. Another option is to allow the legacy contact to delete your account.

Most states today have laws concerning digital assets. Your estate planning attorney will be able to help you plan for what you want to happen to your digital assets and how to make this task easier for your digital executor.

A federal data privacy law known as the Stored Communication Act protects the disclosure of a person’s digital communications without their consent. You’ll want to have a consent form created by an experienced estate planning attorney to allow online platforms to disclose your digital assets. Think of it as a HIPAA form for digital assets.

Create a complete inventory of all digital property and online accounts and how to access them. Use an electronic list, an encrypted secure list, or a notebook, whatever method works best for you. Make sure to tell your digital executor how your information is stored.

Some platforms will not release data unless family members pursue the matter in court if no legacy contact was named and no consent form has been completed. Don’t count on calling the company out on social media or contacting the press to take up the fight on your behalf as a solution.

If you have data stored only in the cloud, consider backing up your data (content) on a local computer, external hard drive, or a memory stick. Accessing this will be easier than taking Microsoft to court.

While preparing for your digital afterlife, ensure that your will, power of attorney, trust documents, and authorizations are current. Have an estate planning attorney create authorization paperwork; if you don’t already have a digital consent form, create one.

Planning for your digital life is just as important as protecting your physical assets. At The Werner Law Firm, our experienced estate planning attorneys can help you navigate the complexities of securing your digital legacy, ensuring your wishes are honored and your loved ones have access to important accounts. Whether you’re just starting your estate plan or updating it to include digital assets, we’re here to assist every step of the way.

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

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Reference: The Minnesota Star Tribune (Nov. 11, 2024) “When death planning, don’t forget to account for your digital life”