When most people think of their estate plan and leaving things behind for their loved ones, they often imagine in terms of either real estate, like a home, or tangible items, like a car or personal tchotchkes. But in this digital age, an increasingly large portion of your assets are digital.

Think about it: how many photos do you have stored on your social media profiles? How many files are saved to your email account? It seems like every website these days requires you to set up an account just to use their services: DoorDash, Uber, Amazon. Each one with its own password or other authentication requirement.

It is apparent that you will need a Digital Asset Memorandum included in your estate plan, and name a Digital Executor. This will enable the named individual to access your various accounts and close them down where appropriate. Most wills don’t include language that meets the standard for website terms of service, so the memorandum will explicitly give authority to that individual to make those changes on your behalf. New Jersey has passed a version of the Revised Uniform Fiduciary Access to Digital Assets Act, so NJ residents need not worry – as long as your estate plan includes the appropriate language!

It’s important to note that the Digital Executor does not need to be the same person in charge of your overall estate. It’s also important that the specific information about digital assets (usernames & passwords) NOT be included in the will, because once probated a will becomes public information. Instead, create an inventory of all assets – the URL or app name, username, login credentials, and account value if applicable – and make sure the Digital Executor knows how to access it.

Large platforms like Google, Facebook, and Apple allow you to name a legacy contact who will have permission to take over your account. Another option is to use a password manager, which will enable you and your Digital Executor to access everything with a single password. (I use Bitwarden – it’s open source, incredibly secure, and free for basic plans. This is not an advertisement; there are several options to choose from. Just make sure they’re reputable.)

Planning for your digital assets is an integral part of your overall estate plan. Anthony Sytko LLC can help protect your legacy, whether online or in-person. If you have any questions, schedule an appointment through our online appointment page.