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Can I Include Digital Assets in My Estate Plan?

In today's digital age, it is essential to consider the fate of your digital assets when planning your estate. At Heritage Law Office, our experienced estate planning attorneys will help you navigate the complexities of incorporating digital assets into your estate plan. Contact us either online or at 414-253-8500 to schedule a free consultation today.

What are Digital Assets and Why Are They Important in Estate Planning?

Digital assets encompass a wide range of items that exist in digital form, including online accounts, social media profiles, digital photos, videos, cryptocurrency, domain names, and intellectual property rights related to digital content.

The Value of Digital Assets

As our lives increasingly shift online, the value of our digital assets grows – not just monetarily, but also in terms of personal and sentimental value. These assets may include cherished family photos, essential financial documents, and even the digital footprint we leave behind. Properly addressing digital assets in your estate plan ensures that your loved ones can access and manage these assets according to your wishes.

Including Digital Assets in Your Estate Plan: Key Steps

To effectively include digital assets in your estate plan, follow these crucial steps:

1. Make an Inventory of Your Digital Assets

Create a comprehensive list of your digital assets, including account usernames, passwords, security questions, and any other relevant information. Keep this list updated and stored securely, and inform your estate planning attorney and designated representative of its location.

2. Choose a Digital Executor

Select a trustworthy individual to act as your digital executor, responsible for managing your digital assets after your death. This person should be tech-savvy and capable of handling the technical aspects of managing your online accounts and digital assets.

3. Grant Legal Access to Your Digital Assets

In your will or trust, explicitly grant your digital executor the authority to access, manage, and distribute your digital assets. Consult with your estate planning attorney to ensure you are in compliance with applicable laws, such as the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).

4. Specify Your Wishes for Each Digital Asset

Provide clear instructions on how you want your digital assets to be managed or distributed. For example, you may want certain social media profiles to be memorialized, while others are deleted. Additionally, specify if any assets, such as cryptocurrency, should be liquidated or transferred to beneficiaries.

5. Regularly Review and Update Your Digital Estate Plan

As your digital assets and accounts change over time, be sure to review and update your estate plan regularly to ensure it remains accurate and up-to-date.

Potential Challenges and Solutions for Digital Assets in Estate Planning

Incorporating digital assets into your estate plan may present unique challenges, such as:

Legal and Regulatory Hurdles

Laws and regulations surrounding digital assets and estate planning are complex and rapidly evolving. Work with an experienced estate planning attorney to ensure your digital estate plan complies with current legislation.

Privacy and Security Concerns

Your digital assets may contain sensitive personal or financial information. Implement strong security measures, such as encryption and secure storage, to protect this information and minimize the risk of unauthorized access.

Technological Changes

The digital landscape is constantly changing, and the platforms and services you use today may not exist in the future. Regularly review and update your digital estate plan to account for any changes in technology and digital platforms.

Contact an Experienced Estate Planning Attorney

To effectively address your digital assets in your estate plan, contact our knowledgeable attorneys at Heritage Law Office. We will guide you through the process and ensure your digital assets are properly managed and protected. Reach out to us either online or by calling 414-253-8500 to schedule a free consultation today.

Contact Us Today

For a comprehensive plan that will meet your needs or the needs of a loved one, contact us today. Located in Downtown Milwaukee, we proudly provide legal advice to those in Milwaukee County and surrounding communities.

Milwaukee Office
757 N. Broadway, Suite 300
Milwaukee, WI 53202
Minneapolis Office
Minneapolis, MN 55104
414-676-2787 (fax)
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