Digital Assets and Estate Planning: Preserving Your Online Legacy
- CONNELLY LAW
- Mar 3
- 8 min read
The world has changed dramatically over the past few decades, especially for the elderly who have witnessed firsthand the digital revolution. Today, almost every aspect of our lives—from our photos and music to our finances and correspondence—has a digital footprint. This transformation has led to an explosion of online accounts, cloud-based storage, social media profiles, and cryptocurrencies, all of which carry both sentimental and financial value. For many seniors, adapting to these technologies has opened new avenues for staying connected with loved ones and managing daily affairs more efficiently.
While many seniors have embraced technology, a new challenge has emerged: what happens to these digital assets when we pass away? Estate planning for the modern age now includes not just physical property and financial accounts, but also digital assets such as email accounts, online banking, social media profiles, digital photos, and subscription services. Proper management of these intangibles is essential to prevent loss, identity theft, or leaving loved ones with complicated legal hurdles.
As a professional fiduciary and certified elder law attorney, RJ Connelly III explains, “Ignoring your digital assets in your estate plan can create confusion, delays, and even legal battles for your heirs. It’s critical to inventory your digital presence and clearly document your wishes for how these accounts should be handled. Understanding how to manage these modern possessions is an essential step for anyone crafting a comprehensive estate plan that truly reflects today’s realities."
In today's blog, we tackle the subject of digital assets and estate planning. By proactively planning for these assets, you can ensure your digital legacy is preserved and managed according to your wishes after you're gone. We'll explore practical steps to safeguard your digital footprint and provide guidance to help your loved ones access and handle your online presence with care.
Digital Assets Explained
Digital assets are any files, accounts, or information stored electronically. This includes obvious items like online bank accounts, social media profiles, email accounts, digital photos, music libraries, and even cryptocurrency. But it can also extend to rewards points, blogs, websites, and cloud storage. As Attorney Connelly, “For many people, their most cherished memories and important financial records are stored online. Planning for these assets is just as critical as handling physical property.”
Unlike traditional assets, digital assets often come with terms of service agreements that can make them difficult for heirs to access. For example, your family may not be able to retrieve your emails or photos if they don’t have your login information, or if the company’s policies prohibit third-party access. This creates unique challenges for elderly individuals and their families.
Why Digital Assets Matter in Estate Planning
Digital assets encompass a wide range of online accounts and files, including email accounts, social media profiles, cloud storage, online subscriptions, and loyalty program points. Attorney Connelly notes, “Families often find themselves not just grieving, but also locked out of important digital memories and financial tools. Addressing your digital assets is a true gift to your loved ones.”
Each digital asset may require unique handling—some platforms allow for legacy contacts or account access after death (see below), while others may permanently delete content if no action is taken. Therefore, it is essential to create an inventory of your digital assets, noting usernames, passwords, and the nature of each account.
Additionally, your estate plan should include clear instructions on how you want these assets managed or distributed. For example, you may wish for family members to gain access to treasured photos and videos, while financial accounts like PayPal or Venmo should be closed or transferred appropriately.
Appointing a digital executor—someone specifically tasked with managing your online presence and digital property—can help ensure your wishes are carried out efficiently and securely. As Attorney Connelly emphasizes, “Ensuring access to your digital life reduces frustration and confusion during an already difficult time.” By taking these steps, you protect both the sentimental and financial value of your digital legacy, helping your loved ones to navigate their loss with greater peace of mind.
Steps to Protect Your Digital Legacy
As our lives become increasingly digital, it is essential to consider how we will manage our online presence and digital assets going forward. Taking proactive steps now can help ensure your personal information, social media accounts, and valuable digital files are secure and accessible to those you trust. The following steps outline practical measures you can take to protect and preserve your digital legacy for years to come.
Take Inventory of Your Digital Assets: Start by making a list of all your digital assets. This includes everything from email and social media accounts to online banking, cloud storage, and subscription services. Don’t forget digital photos, music collections, and any online businesses or blogs.
Record Your Login Information: Securely document usernames and passwords for your digital accounts. There are password managers designed for this purpose, or you can use a written list stored in a safe place.
Understand Terms of Service Agreements: Not all companies allow access to accounts after death. Review the terms of service for your most important accounts and look for options to set up legacy contacts or transfer instructions. For example, social media sites like Facebook and Google offer settings to help manage your account if something happens to you.
Include Digital Assets in Your Estate Plan: Work with an elder law attorney to ensure your will, trust, and power of attorney documents include language that gives your executor or agent the authority to manage your digital assets. “Many standard estate planning documents don’t address digital property,” says Attorney Connelly. “Updating these forms is crucial in the digital age.”
Appoint a Digital Executor: Consider naming a digital executor to handle your digital assets. This person may be different from your traditional executor, especially if you have a tech-savvy friend or family member you trust.
Challenges the Elderly Face with Digital Assets
Many seniors may not feel comfortable with technology, making it harder to organize and protect their digital property. Passwords are easily forgotten, and online accounts can proliferate over the years. Moreover, scams and cybersecurity risks are a particular concern for older adults.
Attorney Connelly states, “The digital world can be intimidating, but that shouldn’t keep anyone from protecting their assets. A knowledgeable elder law attorney can walk you through the steps and ensure your wishes are respected.” He also recommends regular reviews of your estate plan, especially as technology evolves and new digital platforms are adopted.
Family Communication: A Key Step
Open communication with family members is essential. Let your loved ones know about your digital assets and your wishes for them. This includes discussing who will manage your online presence and how you want your digital memories handled. Take time to outline specific instructions for social media accounts, email, cloud storage, and any other online platforms you use. Clarify whether you want certain accounts memorialized, deleted, or transferred, and share login information or access procedures with your designated representative.
Attorney Connelly shares, “I encourage my clients to talk openly with their families about digital assets. It’s not just a legal issue—it’s about preserving your legacy and making things easier for those you leave behind.” By having these conversations, you can avoid confusion and potential disputes, ensuring that your wishes are respected and your digital footprint is managed according to your preferences.
Taking a proactive approach also provides guidance and support to family members during an emotionally challenging time.
Password Managers
Use reputable software to securely store and share passwords. Choose password management tools from well-known providers that offer strong encryption to protect your sensitive data. Ensure the software supports multi-factor authentication for an added layer of security, and regularly update both the application and your master password. When sharing passwords, utilize built-in sharing features that transmit credentials securely rather than sending them through email or other unsecured channels. Always verify the recipient's identity before granting access, and periodically review shared passwords to revoke access when they are no longer needed.
Setting Up Legacy Contacts
Designating legacy contacts for your social media and email accounts is an important step in ensuring your digital legacy is managed according to your wishes after your death. "A legacy contact is a person you authorize to access and manage certain aspects of your accounts if you pass away," said Attorney Connelly. We have included detailed steps for setting up legacy contacts on popular platforms below:
Log in to your Facebook account and go to "Settings & Privacy."
Select "Settings" and then "Memorialization Settings."
Click "Choose Legacy Contact" and enter the name of the person you want to assign.
You can allow your legacy contact to download a copy of what you’ve shared on Facebook, if you wish.
Facebook will notify your chosen contact, but you can also send them a personal message to explain your wishes.
Instagram does not allow you to set a legacy contact, but you can request memorialization or removal of an account after someone passes away by providing proof of death. Consider including your Instagram login information in your estate plan for trusted individuals.
Google (Gmail, YouTube, Google Photos, etc.)
Sign in to your Google Account and navigate to the "Inactive Account Manager" page (Google Account > Data & Privacy > More Options > Make a plan for your digital legacy).
Click "Start" and follow the prompts to set how long Google should wait before deactivating your account.
Add one or more trusted contacts who will be notified and can access selected data from your Google services.
You can write a custom message and decide which data your trusted contact can download.
Review your choices and confirm the setup.
Apple (iCloud, iMessage, Mail, etc.)
Open Settings on your iPhone, iPad, or Mac and tap your name at the top.
Select "Password & Security," then tap "Legacy Contact."
Add a trusted person as your Legacy Contact. They will receive an access key, which should be kept safe.
Upon your death, your legacy contact can use this key and a death certificate to access your data.
Other Email Providers (e.g., Outlook, Yahoo)
Most email providers do not offer a legacy contact option. Instead, include account access details in your estate planning documents, specifying who should receive access and any instructions for managing your email accounts.
General Best Practices
Inform your chosen contacts of their role and responsibilities.
Keep a secure, up-to-date list of your accounts and passwords in a safe place, such as a password manager with emergency access features.
Review and update your legacy contact and account settings regularly to ensure they reflect your current wishes.
By following these steps, you ensure that your digital assets are handled according to your wishes and that your loved ones can manage your online presence appropriately after your death.
A Final Thought
As our lives become more connected, the importance of including digital assets in your estate plan cannot be overstated. For elderly individuals and their families, taking action now means less stress and confusion later. Attorney Connelly sums it up: “Estate planning isn’t just about money—it’s about memories, relationships, and peace of mind. In today’s world, that means thinking about your online life, too.” With thoughtful preparation and the right guidance, you can ensure your digital legacy is protected for generations to come.
The materials and information presented in this blog are intended solely for general informational purposes and should not be interpreted as legal, financial, or healthcare advice. The content may not reflect the latest developments, regulations, or best practices in these fields, and as such, should not be relied upon for making personal or professional decisions. This blog may include links to third-party websites provided strictly for the convenience of our readers; Connelly Law neither endorses nor guarantees the accuracy or reliability of external content. Case studies shared herein are anonymized, contain no identifying information, and may be amalgamated from multiple cases for illustrative purposes only. Given the complexities of legal, financial, and healthcare matters, we strongly recommend consulting a qualified attorney, a professional fiduciary advisor, or a healthcare provider for guidance tailored to your specific circumstances. Your well-being and ability to make informed decisions remain our utmost priority.
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