Have you ever thought about what happens to your online accounts, photos, or digital business if you pass away unexpectedly? In today’s connected world, our digital lives hold memories, money, and meaning—and yet, most estate plans overlook them entirely.
Whether it’s your family photos, cryptocurrency, or a thriving online business, these assets deserve the same protection as your home or savings account. Fortunately, adding digital assets to your estate plan is easier than you might think.
What Are Digital Assets?
Digital assets are any electronic records or accounts that hold personal, financial, or sentimental value. These often-overlooked assets play a crucial role in your estate plan and the legacy you leave behind.
If you didn’t include them when you first created your will or trust, you’re not alone—this is a common oversight that’s easy to correct.
Your digital assets may include:
Personal Digital Assets
- Digital photos and videos stored on your phone, in the cloud, or on an external hard drive
- Personal files and emails
- Social media profiles (e.g., Facebook, Instagram, LinkedIn, TikTok, X, Twitch)
- Content creation accounts (e.g., YouTube, Substack, Patreon)
Financial & Business Digital Assets
- Cryptocurrency and nonfungible tokens (NFTs)
- Domain names (URLs)
- Affiliate marketing accounts (e.g., Amazon, Google, ClickBank)
- E-commerce business accounts (e.g., Shopify, Etsy)
- Digital business records, databases, and client files
- Cloud-based storage systems and backups
These digital properties can hold significant real-world value and, in some cases, generate ongoing income. Examples include monetized YouTube channels, influencer accounts, or cryptocurrency wallets. In today’s world, your digital footprint may represent one of the most valuable parts of your estate.
Three Key Steps to Protect Your Digital Assets
1. Inventory Your Digital Assets
Start by creating a comprehensive list of every online account you use—personal, financial, and business. Include where each account is held, usernames (without passwords in unsecured documents), and any key contacts or recovery details.
If you operate a business, include spreadsheets, digital records, client files, and databases. This inventory not only assists your estate planning attorney but is also vital to any business succession plan.
Keep your list in a secure, accessible location and update it regularly.
2. Designate a Digital Fiduciary (Sometimes Called a Cyber Successor)
Choose someone you trust to manage your digital life if you become incapacitated or after your death. This individual—often your agent under a power of attorney, trustee, or executor—will need legal authority to access online accounts.
In Missouri and most other states, this authority is governed by the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which provides a legal framework for fiduciaries to manage digital property.
You can also use online tools like Google Inactive Account Manager or Apple Digital Legacy to authorize trusted individuals directly through the platforms you use most.
3. Use the Right Legal Tools to Secure Your Cyber Legacy
Depending on your situation, it may make sense to include specific digital asset provisions in your power of attorney, will, or trust. You may even fund certain digital assets into a trust to ensure proper management and continuity.
Because technology and law evolve rapidly, it’s wise to have your estate plan reviewed regularly to ensure that your digital assets—and your access instructions—stay current.
The Risks of Ignoring Digital Assets
The worst thing you can do is nothing. Failing to plan could lead to:
- Permanent loss of family photos, memories, and important documents
- Locked or inaccessible online financial accounts
- Business disruption or loss of revenue if key accounts are inaccessible
- Legal headaches for loved ones trying to recover or close digital accounts
Your estate plan should protect all of your assets—physical, financial, and digital.
Secure Your Digital Legacy Today
Your estate plan isn’t complete without a strategy for your digital life. From safeguarding memories to protecting digital income streams, proactive planning ensures your legacy lives on—securely and legally.
At The Kaiser Law Firm, P.C., we guide clients through every step of creating a comprehensive estate plan that includes digital assets.
Contact us today to schedule a confidential consultation and ensure your digital legacy is protected for the future.