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Modern Estate Planning Needs to Consider Your Digital Assets

October 7, 2024
NG Law

With a continued reliance on technology, estate planning has to evolve with the times—adding a whole new dimension. Your estate plan falls short if it fails to account for the digital assets you’ve accumulated and managed throughout your life.

As more of our lives are conducted online, and digital assets grow in value, it’s essential to account for them in your estate plan. Without the right plans and documents in place, these assets can be lost forever. In Washington, estate planning attorneys must be well-versed in handling digital elements to ensure your entire estate is properly managed when the time comes.

Managing Assets Like Cryptocurrency, NFTs, and Other Modern Assets

Digital assets such as cryptocurrency and NFTs (non-fungible tokens) have skyrocketed in popularity. These assets are often only accessible through passwords, private keys, or “digital wallets.” For cryptocurrencies like Bitcoin, Ethereum, or any other blockchain-based assets, if you lose the password or don’t share it before you pass away then they are lost forever.

It’s imperative that you have a secure method to transfer those passwords or access codes to a trusted party before it’s too late. Whether it’s through your estate plan or by other means—you must have a plan that outlines how these are handled. It can be done by directly passing them to a beneficiary or using a trust, ensuring that the value of your modern assets is preserved. Digital currencies, NFTs, and other blockchain-based properties can represent a significant portion of your wealth in today’s world, and protecting them through proper estate planning is a critical step in today’s world.

Preserving Your Legacy Online

Social media has made it possible for us to leave behind digital footprints that survive long after we’re gone. Photos, posts, comments, and other personal content remain accessible online, leaving a legacy for others to see. But, as much as these platforms preserve memories, they can also become a source of distress or confusion for those you leave behind. Your online legacy could be one that goes against who you are as people misinterpret or abuse the content you produced while you were alive.

Thankfully, platforms like Facebook and Instagram now offer the ability to designate a “legacy contact,” someone who will take over your account in the event of your death. But, it’s not enough to rely on those settings alone. You should have a specific plan that addresses how you want your accounts managed. Whether it’s shutting down the account, memorializing it, or handing it off to a trusted friend or family member, these decisions can have a lasting impact on your digital legacy. A thoughtful estate plan includes not just the financial aspects but also the personal and emotional legacy you leave behind.

Other Digital Assets to Account for in Your Estate Plan

When thinking about your digital estate, it’s essential to account for a wide range of assets beyond cryptocurrency and social media. Additional digital assets to consider include (but are not limited to):

  • Domain names for websites – Valuable digital real estate that could generate income or hold significant sentimental value.
  • Digital photos and videos – Collections of memories stored on platforms like Google Photos, iCloud, or other cloud services.
  • Digital rights to literary, musical composition, motion picture, or theatrical works – Intellectual property that could continue to generate revenue or royalties after your passing.
  • Digital accounts in an online betting account – These accounts may hold funds that need to be transferred or closed.
  • Blog content – Written or video content that might still be generating interest or income.
  • Airline miles, hotel points, or any other transferable rewards programs – Perks that can be passed on to your heirs if properly handled.
  • Online video channels where the content is monetized – YouTube or similar platforms that generate advertising revenue.
  • Online betting accounts – If you are a gambler, you may have unused balances that must be addressed.

Each of these items may hold value, whether financial or sentimental. Failing to account for them in your estate plan means they could be lost, locked out, or otherwise inaccessible to your heirs.

Estate Planning Peace of Mind in the Digital Age

As technology continues to evolve, estate planning must keep up. Incorporating your digital assets into your estate plan ensures that all of your property—whether physical or digital—goes to the people you trust. To discuss how your unique digital estate can be protected, contact the team at NG Law. We are here to help guide you through this important process and offer personalized solutions for your estate planning needs in today’s digital age.

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NG Law

NG Law is made up of seasoned legal professionals dedicated to providing compassionate representation and honest legal advice. We bring over 75 years of experience helping the people of Pacific, Wahkiakum, and Grays Harbor Counties in a variety of legal areas including criminal defense, personal injury, real estate transactions, and estate planning.

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Needham Glenn Law
12305 Sandridge Rd Long Beach,
WA 98631
Phone: (360) 642-2332
Email: info@needhamglenn.com

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