Estate Planning

Don’t forget your digital assets.

Your estate isn’t just property and accounts anymore, it’s also email, photos, social media, cryptocurrency, and online businesses. Without planning, much of it is inaccessible or lost.

The short version Digital assets, financial accounts, cryptocurrency, email, photos, social media, domains, and online businesses, need explicit estate planning. Provide for legal authority (through your documents and platform tools) and secure access (an inventory and a way to convey credentials) so a trusted fiduciary can manage or retrieve them. Without it, valuable and sentimental assets can be locked away or lost forever.

Modern life generates a large and growing digital footprint, and much of it has real financial or sentimental value. Yet traditional estate plans rarely address it, leaving families locked out of accounts, unable to find assets, or facing platform rules that don’t recognize an executor.

Legal authority

Fiduciaries need authority to access digital assets. Modern estate documents can grant powers over digital property, and laws now give fiduciaries some rights, but platform terms of service and privacy rules can still block access. Using providers’ legacy-contact tools, and drafting documents that explicitly address digital assets, closes the gap.

Practical access

Authority is useless without access. Maintain an inventory of your important digital assets and accounts, and a secure method, a password manager, sealed instructions, or a fiduciary arrangement, for a trusted person to obtain credentials when needed. This is especially critical for cryptocurrency, where lost keys mean lost assets.

Bring it into the plan

Digital assets deserve the same deliberate treatment as any other property. Tresp, Day & Associates helps clients incorporate them into estate plans so nothing valuable is left inaccessible.

Ready to protect what is yours?

Since 1992, Tresp, Day & Associates has structured asset protection for families and businesses nationwide. Request a consultation or call (858) 755-6672.

Related resources

Keep going

Common questions

Frequently asked

What are digital assets in estate planning?

Digital assets include online financial accounts, cryptocurrency, email, photos, social media, domain names, and online businesses. Planning for them means giving your fiduciaries legal authority (through your estate documents and platform legacy tools) and a secure way to access credentials, so they can manage or retrieve these assets. Without planning, they can be locked away or, in the case of crypto, lost forever.

This article is general information, not legal or tax advice, and does not create an attorney-client relationship?

This article is general information, not legal or tax advice, and does not create an attorney-client relationship. Every situation is different and the law changes; consult a qualified attorney about your circumstances.

This website is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Every situation is different; please consult a qualified attorney about your specific circumstances.

Here to protect what is yours

Speak with our skilled attorneys.

Request a consultation to create a customized protection plan for your family and business.

Contact us today