Key Estate Planning Tips for Consideration in Digital Asset Management

Are you aware that in this digital age, Florida estate planning has become more complex? One reason is because of the increasing presence of digital assets that need to be planned for. What do we mean by digital assets? Digital assets refer to any form of content or information that exists in a digital format and holds value to individuals or businesses. Know that these assets encompass a wide range of items, including online accounts, social media profiles, cryptocurrencies, digital photos and videos, intellectual property, and more.

It is important to recognize that the value of digital assets can be both financial and sentimental. By working with your experienced Florida estate planning attorney you can include provisions for the management, distribution, or preservation of these assets in your estate plan to ensure that your digital legacy is properly created. Because of their unique nature, digital assets may require more strategic planning which your experienced Florida estate planning attorney may assist you with. 

Now, as digital assets continue to become both more complex and more prevalent, we have a few key estate planning tips in digital asset management that we share with many of our clients today.

  1. You need a detailed inventory. You need to begin by creating an inventory of all your digital assets. You should have a list of all your platforms, accounts, and any associated login credentials. It is important to keep this inventory updated and stored securely.
  1. You need to review the terms of service for each of your assets. We know that this is a constantly evolving area and can be subject to change at any time, usually at the sole discretion of the company that created the digital asset. So be sure to familiarize yourself with the terms of service and user agreements of the platforms where your digital assets reside. Be aware that some platforms have specific provisions regarding the transfer or management of accounts upon the user’s death or incapacity although this is not the norm.
  1. You need to give authority to your agent, your personal representative, and your trustee. You need to be sure that each of these three individuals, or one individual depending on the nature of your Florida estate plan, has the specific written authority to manage and dispose of your digital assets. 
  1. You need to create a central password manager for digital assets that are in your Florida estate plan. You could think about using password manager applications to securely store and manage your login credentials. Under the guidance of your Florida estate planning attorney you may want to go a step further and provide your future decision maker with the necessary access credentials to this central password manager account. While this will include usernames and passwords, it may also include two-factor authentication methods.
  1. You need to specify digital asset distribution. You need to work with your experienced Florida estate planning attorney to clearly outline your wishes for the distribution or disposal of specific digital assets in your Florida estate plan. This can include transferring ownership, deleting accounts, or preserving certain assets for sentimental or historical purposes.
  1. You need to regularly review, update, and manage your digital accounts. Digital assets and online platforms evolve rapidly as opposed to the ownership and access to more traditional assets such as real property. You need to regularly review and update your Florida estate plan to reflect any changes in your digital asset inventory, platforms, or preferences. 

By incorporating these key estate planning tips in digital asset management, you can better manage and protect your digital assets, ensuring that your digital legacy is handled according to your wishes. Remember, working with your experienced Florida estate planning attorney in this area is critical to remain up-to-date with changing laws and technologies that could impact your goals for your digital assets.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.