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Should Digital Assets Be in Your Estate Plan?

Nashville Blog 2018 March Should Digital Assets Be in Your Estate Plan?
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Should Digital Assets Be in Your Estate Plan?

Posted By David Whittaker, Attorney at Law || 6-Mar-2018

What’s going to happen to your social media accounts when you pass away? Your Facebook? Your LinkedIn? Your Instagram? What about all the songs you downloaded and paid for from Pandora, Amazon Music or iTunes?

If you’re like most people, digital assets have become a part of your everyday life. Because of this, they should become a part of your estate plan. Otherwise, it can be difficult for your loved ones to have access to them after you die.

According to a 2013 McAfee study, “on average globally we have over $35,000 worth of assets stored on our devices.” What does that figure include? Digital assets include but are not limited to the following types of assets stored on digital devices:

  • Movies
  • Songs
  • Books
  • Games
  • Hobbies
  • Career information
  • Personal records
  • Personal memories

As you can imagine, if these digital assets were lost, it would be next to impossible to recreate, repurchase and re-download them. Can you imagine if you had purchased 1000 songs on iTunes or had created hundreds of videos of your children while they were growing up, but your family couldn’t access them after you die?

In reality, a lot of us don’t think about what will happen to our digital assets when we’re gone, and some of us have a false sense of security about it. We assume that our loved ones will have no trouble accessing them, but that’s not the case. Increasingly, it’s becoming harder for people to access digital assets after a loved one dies.

Digital Assets Are at Risk of Being Lost

Why are digital assets at an increased risk of being lost forever? One reason is the complicated terms of service agreements that control digital accounts. These can make it surprisingly difficult for loved ones to access digital accounts after their loved ones pass away. What’s more, when friends and relatives try to hack into a decedent’s account, they could be violating state and federal privacy laws, putting themselves at risk of criminal prosecution.

Until the laws regarding digital assets are more consumer-friendly, take a digital inventory of all of your social media accounts, online accounts and subscriptions. Gather your passwords for these accounts, and have an estate planning attorney include specific provisions in your estate planning documents that address digital assets and all other online accounts.

To make sure you cover all of your bases regarding your digital assets, contact my Nashville estate planning firm to set up a consultation.

Categories: Estate Planning

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
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Call Today: (888) 492-4735
(615) 289-6284
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