As digital assets, whether of personal, creative or monetary value, continue to represent a bigger slice of our lives, it’s wise to also consider what happens to them if we experience a capacity loss, as well as when we ultimately die. Traditionally, care and estate planning includes the appointment of a representative, such as an executor, to handle our affairs. Now, most of us should also be thinking about a digital executor.
Digital Asset Management and Estate Planning
Given the many and varied types of digital assets that are becoming part of our lives, inventorying them, and entrusting a “digital executor,” with information about accessing them, is an important way to prevent loss and curtail stress down the road. Consider, for example, the obstacles related to passwords, data encryption, and both criminal and data privacy prevention laws (intended for our protection), that will be encountered on the path to accessing digital assets. When inventorying, in addition to cryptocurrencies and NFTs (non-fungible tokens), be sure to think broadly about your digital assets and include:
- Email accounts
- Social media accounts, such as Facebook, X, Instagram, LinkedIn, etc.
- Retail accounts, such as Amazon, iTunes, or eBay
- Blogs or personal webpages
- Online payment accounts, such as Paypal or Venmo
- Bank, investment, or other financial accounts that you manage online
- Utility and other bills that you pay online
- Online data storage sites, such as Google Docs or Dropbox
With your digital asset inventory organized, you’re ready to designate and prepare a digital executor, as attorney Christopher B. Johnson explains:
A digital executor is someone you appoint to manage your digital assets after you die. Your digital executor does not replace your traditional executor, although the same person can play both roles if you so choose. When you name your digital executor, you will need to provide that person with: 1) a list of your digital accounts; 2) instructions for how to access them, including usernames and passwords; and 3) guidance for how you want each account to be handled when you’re gone.
It’s sensible to work with an estate planning attorney on your overall and digital estate plan, since rules are changing rapidly. Legal documents, such as wills, powers of attorney, and trusts, should incorporate plans for digital assets. At the New York Times, J.D. Beirsdorfer encourages including “specific instructions about how you want your online accounts and all digital content handled when you die or become incapacitated” alongside your official estate planning documents. Beirsdorfer offers these additional tips for leaving digital affairs in order:
Giving access to your account user names and passwords will greatly help your representative, but proceed carefully. You will need a safe place to list the credentials for all your financial institutions, as well as for any e-commerce stores, insurance policies, online storage, email, social media platforms, cable and wireless carriers, medical apps, and media subscriptions. One way to encrypt and store this sensitive information is to enter it all into a password-manager app. Wirecutter… recommends 1Password or Bitwarden…Apple and Google have their own free apps….If you want an analog option, print out the list or write everything down in a notebook. Keep it updated, but make sure the list is locked in a…secured location….Note the passwords and passcodes needed to get into your password manager app, phone, computer or tablet….Your survivors may need your contact list,… and they may need to keep your phone accessible for any necessary two-factor authentication codes.
Helpful To Know: Estate Bonds
Frequently the representatives appointed to administer estate plans, such as executors, digital executors, personal representatives, or trustees are required to obtain a type of bond, referred to generally as an estate bond. The purpose of an estate bond is to guarantee that assets will be properly handled in accordance with the estate plan, as well as state laws and protocols. An estate bond is sometimes alternatively named specifically based on the role of the fiduciary. For example, an estate bond may be referred to as an executor or personal representative bond. Colonial Surety Company makes it quick and easy to obtain estate bonds of all kinds, including executor bonds. A user-friendly online service allows you to quote and obtain a bond that is instantly available to download or e-file. Fiduciaries in every state can efficiently obtain their estate bonds here:
Special Service for Attorneys
Estate planning attorneys can help clients secure court and fiduciary bonds with a few clicks on The Partnership Account® for Attorneys. Just select the bond needed, send it to your client for payment, and then download, e-file or print the bond. Our fiduciary bonds include: administrator, estate, executor, guardian, personal representative, probate, surrogate, trustee, conservator and the list goes on. Court bonds include: appeal, supersedeas, injunction, replevin, receiver and more.
Colonial Surety is rated “A Excellent” by A.M. Best Company, U.S. Treasury listed, and licensed for business everywhere in the USA. Our customers have awarded us a 4.8 Trustpilot score. Whenever and wherever you need a bond, trust Colonial: www.colonialsurety.com