Couple looking at estate plan on the computer

Don’t Forget About Your Digital Assets!

What happens to your Facebook or Instagram account after you die?

Estate planning is a crucial step in securing your financial and emotional legacy, yet many overlook a modern aspect of this process: digital assets. 

From social media accounts and email archives to digital currencies and online businesses, these virtual properties can hold both sentimental and monetary value. Ignoring them in your estate plan can lead to a variety of challenges for your heirs, including legal difficulties and potential loss of assets. Have you made provisions for your digital assets? By incorporating these properties into your estate planning, you can ensure a more comprehensive and hassle-free transition for your loved ones.

What Are Digital Assets?

Digital assets are a broad category of property that exists in electronic or digital form. They encompass a variety of items including, but not limited to, financial assets like online bank accounts and cryptocurrencies such as Bitcoin. Social media profiles, email accounts, digital photographs, and even your personal blogs or websites also fall under this category. Intellectual properties like digital music collections, eBooks, or digital art are also considered digital assets. Understanding the wide range of digital assets you may own is the first step in ensuring they are included in your estate plan.

Why Should You Include Digital Assets in Your Estate Plan?

Including digital assets in your estate plan is important for several reasons, one of which is their financial value. Cryptocurrencies, online trading accounts, and even monetized blogs or websites are assets that could significantly contribute to your estate’s worth. Failure to plan for the transfer or management of these digital financial assets can lead to a loss of value. In a worst case scenario, they may become inaccessible to your heirs.

Beyond monetary considerations, digital assets often hold immense sentimental value. Emails, digital photos, and social media accounts serve as repositories of memories and life events. Without proper estate planning for these digital items, you risk losing family history and personal memories. 

Digital Property Rights Law

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has been adopted in Minnesota to address the complex issues surrounding digital assets in estate planning. This legislation provides a legal framework that allows fiduciaries, such as executors, trustees, or agents under a power of attorney, to manage digital assets in a manner similar to tangible assets. Under RUFADAA, account holders can specify permissions and restrictions for their digital assets through the use of online tools provided by account services or through traditional estate planning documents like wills and trusts. The law respects the user’s privacy by requiring explicit consent for disclosure of electronic communications, while still permitting simpler access to other types of digital assets. Understanding RUFADAA can be crucial for Minnesotans looking to include digital assets in their estate plans.

How to Include Digital Assets in Your Estate Plan

The first step to include digital assets in your estate plan is creating a comprehensive inventory of all your digital properties. This list should include everything from online bank accounts and cryptocurrency wallets to social media profiles and digital media collections. For each asset, provide enough information so that your executor can identify it, but avoid recording sensitive information like passwords in the document; instead, use a secure method to store access details. This inventory will serve as a roadmap for your digital executor, the person responsible for managing your digital assets after your passing.

After inventorying your digital assets, the next step is to designate a digital executor in your will or trust. This should be someone who is not only trustworthy but also tech-savvy enough to manage your digital footprint. You’ll need to update your legal documents, including your will and any trusts, to include provisions for your digital assets and to formally appoint your chosen digital executor. Consult an estate planning attorney to ensure that these updates meet all legal requirements and effectively protect your digital legacy.

Get Help Incorporating Your Digital Assets into Your Estate Plan

In today’s digital age, a comprehensive estate plan must go beyond physical assets and financial accounts to include your virtual properties as well. Overlooking this can result in both financial loss and the disappearance of precious memories. To ensure that your digital assets are properly managed and transferred according to your wishes, it’s crucial to consult professionals well-versed in this modern aspect of estate planning. If you have questions or need guidance, don’t hesitate to contact Unique Estate Law; we’re here to help you protect all aspects of your legacy, digital and otherwise.