Digital Estate Planning Guide: Get Digital Assets in Order

An older couple and their adult son look at a table together while sitting in the living room.

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published 15 March 2024

In our increasingly digitized world, our lives are inseparable from technology. From cherished memories stored in digital photo albums to valuable assets held in online accounts, our digital footprint has become a significant component of our overall legacy. Yet, despite the prevalence of our digital presence, many individuals overlook the importance of digital estate planning for the management and distribution of their digital assets once they pass away.

This oversight can lead to confusion, disputes and even a loss of valuable assets for loved ones left behind. This is where digital estate planning becomes crucial — a proactive approach to ensuring that your digital legacy is managed according to your wishes. In this comprehensive guide, we'll look at the nuances of digital estate planning, providing practical insights and actionable steps to help you secure your digital legacy effectively.

What are digital assets?

At the heart of digital estate planning lies the recognition and cataloging of your digital assets. These assets encompass a wide array of items, including but not limited to:

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Email accounts
Social media profiles
Digital photos and videos
Online banking and investment accounts
Cryptocurrency holdings
Intellectual property stored digitally
Subscriptions and memberships
Personal documents and files stored in the cloud

The first step in creating a robust digital estate plan is to compile a comprehensive inventory of these assets. Documenting each digital account, including login credentials, account numbers and any relevant access information, forms the groundwork for effective digital asset management.

Once you've identified and cataloged your digital assets, the next crucial step is to appoint a digital executor. Similar to a traditional executor who oversees the distribution of physical assets, a digital executor is responsible for managing your digital estate after your passing.

Selecting a trusted individual who is both technologically savvy and capable of carrying out your wishes is very important. This individual will play a pivotal role in executing your digital estate plan, ensuring that your digital assets are handled in accordance with your wishes and in compliance with relevant laws and regulations.

How to craft your digital estate plan

With your digital inventory and executor in place, it's time to craft your digital estate plan. This plan should outline how you want your digital assets to be managed and distributed after your passing. Considerations may include:

Instructions for accessing and managing digital accounts
Preferences for the preservation or deletion of social media profiles
Guidance on the transfer or disposal of valuable digital assets
Provisions for protecting sensitive information and maintaining privacy
Directions for digital memorials or tributes

It's essential to review and update your digital estate plan regularly to reflect any changes in your digital assets or preferences. New accounts may be created, passwords may change, and digital assets may accumulate over time. By keeping your digital estate plan current, you ensure that your wishes are accurately represented and can be effectively executed when the time comes.

Navigating the legal landscape of digital estate planning can be complex, as laws governing digital assets vary by jurisdiction. Consulting with legal experts who specialize in estate planning can help ensure that your digital estate plan complies with applicable laws and regulations. Your attorney can provide invaluable guidance on drafting and implementing your digital estate plan, as well as addressing any legal considerations that may arise.

In addition to legal considerations, it's crucial to take proactive steps to protect your digital assets and sensitive information. Utilizing secure password management tools, encryption technologies and other cybersecurity measures can help safeguard your digital estate against unauthorized access or tampering.

Don’t keep your plan to yourself

As you’re working on your plan, be sure to keep your loved ones informed throughout the process. Effective communication is key to the successful implementation of your digital estate plan. Ensure that your loved ones are aware of your digital assets, your chosen digital executor and the specifics of your digital estate plan. Providing clear instructions and access to relevant documents will empower your executor and loved ones to carry out your wishes with confidence and clarity.

Ultimately, digital estate planning is about more than just preserving digital assets — it's about preserving your legacy and ensuring that your wishes are honored and respected after you're gone. By taking proactive steps to create a comprehensive digital estate plan, you can provide peace of mind for yourself and your loved ones, knowing that your digital legacy will be managed according to your wishes.

Justin Stivers is an investment advisory representative of and provides advisory services through CoreCap Advisors, LLC. Stivers Law is a separate entity and not affiliated with CoreCap Advisors. The information provided here is not tax, investment or financial advice. You should consult with a licensed professional for advice concerning your specific situation.

Disclaimer

This article was written by and presents the views of our contributing adviser, not the Kiplinger editorial staff. You can check adviser records with the SEC or with FINRA.

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Justin B. Stivers was born in Florida but raised in Knoxville, Tenn. He pursued his undergraduate education at Appalachian State University in Boone, N.C. After graduating, Justin served three years in the United States Peace Corps, living in a rural coffee farming community in Honduras. This experience not only enriched his life but also helped him become fluent in Spanish. Upon completing his service in Honduras, Justin attended law school at the University of Miami in Miami, Fla. He lived in Miami for the next 15 years, during which he built a successful estate planning law firm. In this role, Justin helped families plan for their futures, feeling a sense of accomplishment and service.