Protect your digital assets!
Don’t worry if you didn’t consider these assets when made your will or trust – it’s surprisingly common and, luckily, easy to correct.
Digital assets include, but are not limited to:
- your photos (yes, all those selfies are a digital asset),
- files stored in the cloud or on your local computer,
- virtual currency accounts,
- URLs,
- social media profiles (Facebook, LinkedIn, etc.)
- device backups,
- databases, and
- digital business documents.
Because technology is ever-evolving, much more will be added as the months and years go by.
These assets can have real value, such as virtual currency accounts, a URL, or digital business assets. So, you can no longer adopt a wait-and-see approach for these assets. Whether you proactively plan or not, your legacy now includes more than the inheritance you want to pass along, your family heirlooms, and general assets. You must now consider your digital assets.
So, here are 3 tips to get you started.
- Inventory your digital assets. Make a list of every online account you use. If you run a business, don’t forget spreadsheets, digital records, client files, databases, and other digital business documents, although those should probably be part of your business succession plan. If it exists in cyberspace, connects to it or pertains to it, put it on the list for your attorney and executor.
- Designate a cyber successor. A cyber successor is someone you trust who can access your accounts and perform business on your behalf after you are gone or in the event you are incapacitated. Make sure they can access your accounts in a timely manner. Safeguard your list, so that it doesn’t end up being vulnerable to unauthorized access, identity theft, data loss, or worse.
- Determine the necessary documents for your estate, and make a record of your wishes. You may want to put some of your digital assets into a trust or even include specific access in a power of attorney. Consult with an estate planning attorney to determine the best way to determine your successors, trustees, and beneficiaries, and then make sure the right documents or designations are in place so access can be made when it’s needed. The laws in this arena are evolving, so any planning you’ve done in the past probably needs an update.
Potential Pitfalls of Cyber Estate Planning
The worst thing you can do is nothing. This could result in the loss of digital family photo albums, disruption of your business if you’re incapacitated, or worse. If this process feels daunting or you’re still not sure where or how to start, give us a call. We can help you identify, track, and protect your digital assets to give you peace of mind. When we put together your Will or Trust based estate plan, we incorporate provisions intended to protect your digital assets and comply with federal and state regulations.
While this is an evolving area of the law, it is surely subject to change constantly and rapidly, so it is very important to have your plan regularly reviewed by an estate planning attorney. Call us today to schedule an appointment, or simply use the link on our home page to make your appointment. Attorney Matthew Goodwin is at your service.
