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July 4, 2024, 9:19 pm

A digital estate can include assets including, but not limited to: -. "Domain names — I have probably 150 domain names. Keeping the digital estate plan separate from your will is vital for two reasons: - Account Privacy: When you die, your will becomes public information. Who will have access to your electronic devices or social media accounts if you become incapacitated or pass away?

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For devices, which often don't have a password recovery feature, you may need to keep a secured record. The digital executor will be responsible for carrying out those wishes. So if something is important to hand down, for example, media or software that a business website relies on, make sure you own it or acquire it as part of your estate planning. What To Do: An Action Plan to Log Digital Assets. Our lives are intertwined with digital assets like never before. In addition to a will and/or living trust, durable power of attorney, healthcare power of attorney and a living will, this group also needs special protections for digital assets. One might think that the executor or personal representative of your estate has the authority to manage your digital assets, as well, but this is not necessarily the case. An example: Crypto or NFTs stored in a crypto wallet. Many people own digital assets: everything from domain names and electronically stored photos and videos to email and social media accounts. Your digital assets include everything from your social media accounts to credit card accounts to cryptocurrency keys. Wills in the Time of Social Media: 5 Important Digital Estate Planning Steps to Take Now. There are instances where you may have thought you purchased a digital asset, but in fact you purchased a nontransferable license to use the asset. Give clear instructions in your digital asset inventory. They want only a surviving spouse, other family member, or friend to have full access to personal items, such as email, social media, a cell phone, and perhaps other assets. A digital will can address how you'd like your digital assets to be handled.

Home / Social media videos/content. Software and other code. As estate planning attorneys, we regularly remind our clients that estate planning is an ongoing and long-term process. In addition, many states have adopted versions of a law known as the Revised Fiduciary Access to Digital Assets Act, which ensures that fiduciaries such as your executor have legal and authorized access to your digital assets. The law is evolving to keep up with the rapidly changing online world, but much in this area is still unclear. He says these days, that means the private key — or password — for your assets, but that could change in the future. As a result, managing those assets has become an important part of modern estate planning. All the executor has to do is provide proof that he or she is authorized to act as executor. As such, be aware of what assets you hold and plan for their future. You may have a license to use your email account, for example, but that doesn't mean you can necessarily pass the account along for someone else to send emails from after you die. Social media and estate planning websites. A smart phone and all the apps and other items on it are digital assets. Although "digital executor" isn't a legally binding designation, it's vital that they understand what's expected of them.

At this point, passwords have become the bane of information technology everywhere. By planning ahead, you can arrange for full access to your digital property, keep administration costs down, and ensure that no valuable or significant digital property is overlooked. Take Inventory of All of Your Digital Assets. Now, paper documentation is a thing of the past – most documents are digital. This person will carry out wishes regarding digital assts and who should inherit each digital asset. "A blanket authorization may not be appropriate, " he says. So, his memoir, which could be published and could be of value to his family, is no longer accessible. Making a list of the digital accounts you own can help your loved ones protect your memories as well as your estate and identity. Forgetting to handle your digital estate would be like leaving photos, heirlooms and stock certificates to languish in a forgotten storage unit. Social media plan for real estate. In a perfect world, you would read every set of Terms of Use and Service for every online account and social media asset you have, but the reality is that you probably don't. Be sure to have a conversation with the person you'd like to designate as your digital executor.

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Who will take care of your children and pets? You can name the executor of your estate as your digital executor, but it might be a good idea to choose two different people to fulfill these roles. If you choose to have two different people serve as executor of your estate and digital executor, you might want to leave instructions for them to work together. Social media for estate agents. Determine if your digital property has any financial value that needs to be reported and perhaps submitted to probate.

Additionally, a digital estate plan protects your online assets against certain risks, such as fraud, hacking, and identity theft. In general, there are 4 main obstacles faced by family members of someone who has recently died when trying to access the decedent's digital assets and vital personal information: - Passwords. Adding Social Media Provisions to a Will? Estate Planning Evolves to Protect Your Online Persona | - Estate, Legacy and Business Planning. You can also ask your executor to delete certain emails to protect your privacy if you would prefer that your family and friends never see them. "Your content, memories, or personal data may exist on your phone or even in the cloud somewhere. What Happens to Your Digital Assets? So, Suzy, let's start with the basic question: what are digital assets? Find something memorable, join a community doing good.

Not every online account you have will allow you to do this internally, and as long as that's the case, you need to designate someone in your will. If you have any inactive accounts, still include them in your estate plan. Now, most states have enacted a form of the Uniform Fiduciary Access to Digital Assets Act. However, it is a lot easier if there is a list of assets available or a file with printed account statements available. Do any of the assets have monetary value? "If you don't include some documentation, some record keeping just to say 'I own these assets in this place, they can simply evaporate at death, " says Hicks. You want visitors to your page to comment on your content and tell their friends about you – and ultimately feel as if they know you, as they do their friends. You need to create a comprehensive inventory of your digital life, and many people are surprised by the extent of this inventory. How to Prepare a Digital Estate Plan | U.S. Bank. If you have a business, then you should also have the login for your business email which may be used as a recovery device for your business pages, website, and other business applications. Tip: Don't just rely on the cloud for backup.

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That could make it hard for your friends and family to access your crypto. Each of these personalities is hidden behind a username and password that perceivably only the creator of that account can access. It's important to understand the terms of use regarding access and control of this data. Will your legal representatives be able to access these online assets? Your digital property might include a number of different types of assets such as a digital music library, photo saved on an internet platform, credit card loyalty points and even emails. And it will allow you to give a master password to a family member, and therefore they will be able to access or delete all the accounts when you can't do that. What is a Digital Estate and Why is it Important? Even if others know of the existence of these assets, will your legal representatives know your usernames and passwords? Give Yourself Peace of Mind. Your family legacy is now online in the form of postings, messages, and photo sharing. If you want to preserve certain emails or files attached to emails, you can provide instructions to archive or print these items before your account is deleted. Make a list of all automatic payments, whether they are deducted from a financial account, charged to a payment card, or paid through some other means.

From social platforms like Facebook, Instagram, and Snapchat, to the many password-protected accounts we use for emailing, web banking, TV streaming, online commenting, and flight reward programs—to name only a few—we use innumerable username/password combos each day. Add any other helpful information or comments to the inventory. LinkedIn requires that a form be completed about a deceased member and then puts instructions on its Website about logging into the decedent's account and deleting it. Then you may instruct your digital executor to transfer the assets in your digital will. In both cases, the result is that your digital estate can wind up scattered and disorganized. Even so, you can still name a Digital Executor, as this person can be designated by your Executor to follow the wishes laid out in your digital estate plan, or can at least help your Executor with the digital aspects of your estate. For other digital assets, a good inventory lists the name and web address of each account or asset, and any account number. You can make this process easier by using the same e-mail address for all important online accounts.

Basically, your Digital Executor is someone you designate to help settle your digital estate, however you specified in the document you created in steps 1 and 2 of this plan. Whether you have uploaded thousands of memories to Facebook/Instagram or used cloud services like Apple, Google, or Amazon to backup your smartphone data - you need a plan in place to ensure the right people have access to these accounts without unnecessary delay. Avoid online identity theft. Give that Agent Authority and Direction. Or as many of them as you can think of at the moment. The convenience of using cloud-based services enables you to maintain your files and personal information from any location. If you're interested in creating a digital estate plan, see our article How to Create a Digital Estate Plan.

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