Digital Assets: Why They Belong in Your Estate Plan

Once upon a time, estate planning meant spelling out who gets grandma’s china or the family home. Fast-forward to today, and your digital life matters just as much, maybe even more! From crypto to cloud photos to social media to online business, your digital assets are part of your legacy, and if you don’t make a plan, your loved ones could be left out in the digital cold.

What ARE Digital Assets Anyway?

Digital assets are any items, accounts, or content you own or control online or on your devices and they’re everywhere. Think beyond Bitcoin (though that counts!).

Start with:

·   Personal and business email accounts and websites

·   Social media profiles (Instagram, Facebook, LinkedIn, etc.)

·   Online financial accounts (banks, investing, PayPal)

·   Cryptocurrency and digital wallets (Bitcoin, Ethereum)

·   Non-fungible tokens (NFTs) and other collectibles

·   Cloud accounts (Google Drive, iCloud)

·   Online stores or monetized blogs

·   Digital files, photos, music, videos, anything with value or memories.

Basically, if it’s online, in the cloud, or has a password, it’s a digital asset.

Why Should You Care About Digital Assets in Your Estate Plan?

Because digital assets can be both valuable and irreplaceable. Crypto and NFTs may be big money, but even your family photos or blog content can mean the world to your loved ones. The truth? Without detailed planning, these assets could be lost forever or locked away due to privacy rules or tech barriers.

Here’s what could go wrong:

·   Your heirs can’t access your crypto wallet, so your investments vanish.

·   Family photos in your cloud storage are stuck behind passwords.

·   Monetized content, online businesses, or domain names get lost.

How Do You Protect Your Digital Legacy?

1. Make a Digital Inventory:  List all your online accounts, files, and digital assets, plus where to find them. 

2. Secure Your Passwords:  Use a password manager (like LastPass) and make sure your executor knows how to access it when the time comes. 

3. Choose a Tech-Savvy Executor: Pick someone comfortable with digital assets or appoint a separate “digital executor” through your attorney. 

4. Update Your Estate Plan: Add digital assets and access rights to your will, trust, and powers of attorney, including any required legal consent. 

5. Back Up Regularly:  Keep important files copied to physical drives so your loved ones can reach them if cloud access is lost. 

What Are Online Legacy Tools?

Online legacy tools let you plan and control who can manage, memorialize, or delete your accounts after you pass away. These tools are built into many major platforms and help your family avoid headaches, lost memories, and locked accounts.

Popular Legacy Tools

·   Facebook’s Legacy Contact

·   Google’s Inactive Account Manager

·   Apple’s Digital Legacy

Don’t Forget: The Laws Are Changing Fast

Digital assets are a new frontier. Laws, regulations, and rules change almost every year. That’s why periodic check-ins with your estate planning attorney are crucial to keeping your digital legacy safe and accessible.

Want help organizing your digital legacy or making your estate plan bulletproof?

Contact Sammartino & Sultan Law Group, we can walk you through every step and help you protect your online life for those you care about.

About the Author

Leslie has been practicing law since 2009 and is the host of the estate planning podcast 'Legacy Purse'. She has a long history of representing family members struggling to inherit property and/or wealth from deceased family members through the Probate Courts. Knowing how time-consuming and expensive the probate process is, Leslie takes great pride in helping her clients learn how to plan and protect their families during their lives so they can avoid the probate court process and save their loved ones that additional grief (and expense).