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Securing Your Digital Legacy: Essential Advice from Trusted Elder Law

Erich M Niederlehner, Elder Law, Probate and Estate Planning Attorney • August 28, 2023

Securing Your Digital Legacy: Essential Advice from Trusted Elder Law

In our modern age, safeguarding your digital legacy is a critical aspect of comprehensive estate planning. With a staggering 93 percent of adults in the United States using the internet, our reliance on digital technology for various aspects of life underscores the necessity of addressing your digital assets in your estate plan. At Trusted Elder Law, we recognize the importance of this aspect of estate planning, especially for our ideal clients like Mr. and Mrs. Anderson.


Digital Assets: An Integral Part of Your Legacy

While traditional estate planning often focuses on tangible assets, such as property and possessions, your digital assets also carry substantial financial and emotional value. As our lives become increasingly intertwined with the digital realm, it's vital to account for these assets in your estate plan.  By incorporating your digital assets into your plan, you ensure that your family is equipped to handle your online presence, protect your valuable digital property, and honor your wishes.


Types of Digital Assets to Consider:

Your digital assets encompass a range of items stored electronically, each with potential significance:

  1. Passwords: Grant access to critical accounts, such as financial records and bill payments.
  2. Encryption Keys: Secure your digital content from unauthorized access.
  3. Email Accounts: Contain important correspondence, especially for business owners.
  4. Social Media Accounts: Carry sentimental and even monetary value.
  5. Digital Photos and Music: Hold emotional and financial worth, akin to physical possessions.
  6. Art and Creative Works: Store electronically, potentially generating posthumous income.


Organizing Your Digital Assets:

Initiating an electronic legacy plan begins with organizing your digital assets:

  1. Inventory: Take stock of your digital possessions, including forgotten subscriptions and treasured files.
  2. Password Manager: Utilize a password manager to compile login information securely.
  3. Written Instructions: Designate a digital executor in your will and provide private written instructions for handling your digital assets.


Guidance for Your Digital Executor:

Empower your digital executor with clear instructions to ensure your wishes are carried out:

  1. List Accounts: Detail devices and accounts.
  2. Access Instructions: Explain how to access digital assets, including password locations.
  3. Disposition Wishes: Specify whether to delete, preserve, or transfer each asset.


Legacy Contacts and Trusted Individuals:

Some platforms allow for legacy planning:

  1. Social Media: Set up legacy contacts to manage accounts posthumously.
  2. Google: Designate trusted individuals to receive data or erase accounts after inactivity.


Benefits of Digital Legacy Planning:

Incorporating digital assets into your estate plan offers several advantages:

  1. Preservation: Safeguard valuable digital property and sentimental items for your heirs.
  2. Ease of Administration: Facilitate the management of accounts and assets for your loved ones.
  3. Privacy: Arrange for the deletion of sensitive information upon your passing.
  4. Identity Protection: Prevent identity theft and unauthorized access to your digital presence.


At Trusted Elder Law, we understand that digital estate planning is an emerging field but an essential one in today's world. To ensure your electronic legacy is secure and aligned with your broader estate plan, consult our estate planning attorneys. We cater to clients of all ages, providing estate planning, Medicaid planning, and probate, services. Connect with us at 850-607-2222 or 855-ELDER-FIRM or visit our website at www.TrustedElderLaw.com for comprehensive support in securing your digital legacy.


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