Digital Assets & Estate Planning


If you set up a revocable living trust, then perhaps your digital assets and/or rights (including any “social media”, on-line accounts and/or email accounts) may have been automatically transferred to the Trust with the “Assignment of Personal Property” which may have part of your living trust documents (but check with your attorney). However, you may find it important to maintain a list of all of your digital assets. For example, you could print it out on paper or keep it stored securely in the cloud somehow; this list could include your on-line accounts, for example, as well as a list of usernames and passwords. This is sensitive information, so protect this information with all your might


by keeping it in a secure place and be careful with whom you share this information. Some people will put this information in a sealed envelope to be opened only upon death or incapacity, and keep it in a safe or safety deposit box. Wherever you keep this information, make sure you tell your successor Trustee (and agent under the Power of Attorney, if different) where this information can be found. You could update this list. In addition, tell your successor Trustee what you want done with your digital assets. If you have a social networking site, such as Facebook or LinkedIn, let your successor Trustee ones know whether you want the site maintained following your death or whether you want the site removed (some sites have specific policies regarding what happens when a person dies or is incapacitated, so make sure you check each site’s policy). If you have a collection of music or photographs, tell your successor Trustee what you want done with those.

You may be providing extremely sensitive information, so be careful how you share it, when you share it, and with whom you share it. Theft of assets, including digital assets, is a serious concern. This blog is simply a starting point to help you collect your thoughts and to to continue to research how to best protect yourself and your identity.

Mike Massey Law can help you with your Last Will & Testament, Living Trust, Durable Power of Attorney, Medical Power of Attorney, Living Will, HIPPA Release, Transfer on Death Deed, Cremation/Burial Wishes, Pre-Need Guardianship, Guardianship preference for Minor Children. Local Texas Attorney/Lawyer may be able to help you with estate planning. Call 512-757-9065 or Email: mike@atxwills.com


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