Estate Planning for Digital Assets

by | Nov 28, 2022

When we think of estate plans, we typically focus on those belongings we think of as having monetary value.  Normally we consider both your ‘real property’ (land, homes, buildings) and ‘personal property’ or ‘tangible’ (‘touchable’) assets such as jewelry, artwork, money, and vehicles.

The world has changed.  Many of us spend a large portion of our lives online.  Because many of us are deeply invested and engaged in the online world, it is important to remember that your assets may include untraditional property, such as  digital assets.

Digital assets consist are the things that you own online.  We spend more time on computers and smartphones than ever before.  It is easy to forget how much you may own that exists only in the digital world.  Things like photos and videos or online accounts, cryptocurrency, and nonfungible tokens (NFTs).

Why Is It Important to Plan for Digital Assets?

Planning for digital assets is critical.  By the very nature of these assets, they are easy to misplace or lose.  Without a plan, your digital assets may be lost or forgotten in the Internet and not pass to your loved ones after your death.  This is because the existence of these assets not generally known to others.

If you plan for the retrieval and distribution of these assets now your family will not have to worry about hunting these items down after your death.

Also, like most adults (nearly 70 percent), you may want certain aspects of your digital life to remain private. Without prior consideration and contemplation of your online assets, your loved ones may learn things that you wish to keep secret.

Lastly, proper estate planning can minimize the risk of identity theft, which happens to 2.4 million deceased Americans every year. Keep reading to learn more about why it is important to include digital assets in your estate plan and how to account for them.

Including Digital Assets in Your Estate Plan

Because of the shear volume of your online and digital assets, it might take some time to generate a complete inventory, but it is worth the effort.  In the event of your death or incapacity, either your estate planning attorney or another trusted person should be...

Planning for Your LLC After Death

What happens to your LLC when you die? An LLC (Limited Liability Company ) can be an important asset protection and estate planning tool.  But what happens to the LLC after your death? A Limited Liability Company (LLC) is a simple and adaptable business structure...

Next Steps for Digital Asset Estate Planning

Next Steps for Your Digital Assets Talk to your estate planning attorney about your digital assets and successors.  Have a conversation with those persons you are considering appointing as successors about their ability and willingness to handle your digital assets. ...

What Are Digital Assets?

Digital Assets: What Are They? Think about your family photos and videos.  In the past we all had shelves of video tapes and photo albums full of our most precious memories.  Now, instead of photo albums, videotapes, and DVDs, most of our family photos and videos are...

Estate Planning – The Critical Documents

What are the most critical documents to have drafted when developing an estate plan? When you visit your attorney to create an estate plan it’s a good time think about all of the ‘loose ends’ that you can wrap up and include. You attorney should, at a minimum, offer...

Love Stinks! – Romance Scam Recovery

Romance scam recovery can seem impossible – you’ve placed your trust in a someone and they have taken everything: your money, your property, and, most importantly, your trust and confidence. Romance scams are an increasingly popular scheme with con-artists. Our office...

Estate Planning Goals

The Law Offices of Geoff Wiggs is proud to announce the firm has entered into an agreement to assume the practice and take custody of the client files of Attorney Robert Boland. Robert Boland has been in active practice on the San Francisco Peninsula for more than 34...

Geoff Wiggs