How can I plan to transfer my digital assets after I die?

 In Asset Protection Planning, Estate Planning, Probate

To ensure that your digital assets are protected and dealt with as you desire after death, be sure to compile all usernames and passwords for online subscriptions and accounts in a secure location.  Also, speak with an estate planning attorney about how to ensure your durable power of attorney will have authorization to access assets such as online bill pay, photos, or social media accounts.  You should specify which, if any, of your digital assets you want deleted and, if you have digital assets which earn profits, where you want that money to go and who is able to access and handle it.  An attorney can tell you where your digital asset wishes should be expressed, keeping in mind that wills become public record after death.

Planning for digital assets is a newly emerging issue in estate planning and is complicated by the fact that many accounts on websites such as Facebook and Google have Terms of Service agreements which can be violated by anyone besides the original account holder authorizing someone else to log in.  Attempting to access an account without proper permission can constitute a violation of anti-hacking laws.

The attorneys at Bach & Jacobs, P.A. make efforts to stay on the cutting edge of new technologies that assist our clients, including the Personal Representatives that we represent.  We recommend all trust and durable power of attorney documents specifically authorize access to digital information.   We can also help you identify your digital assets and ensure that they are fully accounted for in your estate planning documents.

To set up an appointment to review what estate planning method would be best to grant access to your digital assets, call our office at (941) 906-1231.

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