When planning your estate, you should make sure that it addresses your digital assets, including online accounts, digital files and social media profiles. A comprehensive digital estate plan helps ensure that these assets are handled as per your wishes and simplifies the process for your heirs.
As such, there are several factors that you should consider to help ensure that your digital estate plan is effective and aligns with your overall estate goals. These may include the following.
1. Does it cover all digital assets?
Your digital estate plan should include a detailed inventory of all your digital assets, such as email accounts, social media profiles, online banking information, digital photographs and any other valuable digital content. Thoroughly cataloging these assets helps ensure that nothing is overlooked and that your executor knows exactly what needs to be managed or transferred.
2. Is the plan legally binding?
For your digital estate plan to be effective, it must be legally binding. This means incorporating your digital asset instructions into your overall estate plan, which may include your will or trust. Make sure that your plan complies with relevant state laws and regulations regarding digital assets. Seeking legal guidance can help you address these legal requirements and make certain that your instructions are enforceable.
3. Have you named a digital executor?
Naming a digital executor or digital fiduciary is essential for managing and executing your digital estate plan. This person should be someone you trust to handle your digital assets as outlined in your instructions. Provide clear guidance on their responsibilities, including how to access your digital accounts and manage your online content.
Your digital estate plan is an important guide for managing your digital assets, and it’s important to get knowledgeable legal guidance to help ensure it is comprehensive, legally sound and aligns with your wishes.