Showing posts with label digital assets. Show all posts
Showing posts with label digital assets. Show all posts

Wednesday, April 23, 2025

Why Digital Assets Are a Must in Your Estate Plan: A Guide to Proper Treatment


As an estate planning lawyer, I’ve seen firsthand how our lives are increasingly intertwined with the digital world. From online banking to cherished family photos stored in the cloud, digital assets are a significant part of our personal and financial lives. Yet, many people overlook these assets when creating their estate plans, potentially leaving loved ones locked out of valuable accounts or sentimental treasures, sometimes with tragic consequences.  

The law governing digital assets, such as the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), is complex due to its three-tier hierarchy for access—online tools, legal documents, and terms-of-service agreements—and custodians’ discretion to limit disclosure or require court orders. This complexity often makes it difficult for fiduciaries, your trustees and agents, to access accounts without proper planning, which is why professional guidance is essential.  I've written two specific articles regarding the law governing  digital assets in estate planning, one applicable to Ohio, the other to Missouri.  The law is not simple to understand or easy for a layperson to follow in order to protect digital assets.  

I’ll explain in this article why digital assets deserve a central place in your estate plan, provide practical, actionable steps you should take to protect them.  I have prepared Digital Assets Inventory Worksheets and an explanatory Cover Sheet, and  in the article immediately following this article, I offer detailed instructions to help you get started protecting your digital world.

Why Digital Assets Matter in Estate Planning

Digital assets encompass a wide range of items, including email accounts, social media profiles,  cryptocurrency, loyalty program rewards, online businesses, and digitally stored photos or documents. According to NordPass, the average person manages 168 online accounts, with an estimated average value of $191,516 for Americans’ digital assets, per a Bryn Mawr Trust survey

Despite their prevalence and value, 76% of Americans have little to no knowledge of digital estate planning, often leaving these assets unaddressed in their plans. This oversight can lead to significant challenges for your heirs, such as:
  • Financial Loss: Valuable assets like cryptocurrency or online business accounts may become inaccessible without proper access instructions.
  • Sentimental Loss: Family photos, videos, social media memories, or digital content, e.g., recipes, workout videos, and stories, may be lost if no one can access them.
  • Cybersecurity Risks: Unmanaged accounts could expose personal information, increasing the risk of identity theft, and expose vulnerable family members to exploitation.
  • Aging in Place Planning: For clients focused on aging in place, digital assets like Smart Home and IoT Accounts (e.g., Vivent, ADT, Amazon Alexa, Ring) and Health & Fitness Accounts (e.g., Fitbit, Apple Watch) are critical, supporting independent living by managing home security (e.g., locking doors remotely), temperature, active and passive emergency notifications (e.g., triggered alerts or automatic fall detection), daily routines (e.g., medication reminders), and health monitoring. Ensuring your trustee can access and manage these accounts, as documented in your Digital Assets Inventory Worksheet, helps maintain your home environment during incapacity, aligning with your goal to remain in your home as long as possible, with legal authority under RUFADAA.
  • Time: Loved ones may spend countless hours  trying to gain access to accounts, adding stress during an already difficult time.
  • Cost:  Subscription services often auto-renew and drain estate funds if not canceled or managed after death. 
  • Legal Peril: The digital world is a world of information, and this information can be legally significant in real life. Consider the following example: A stepchild contested a stepmother’s will disinheriting them, alleging incompetence and undue influence, ten years after the will was drafted. The executor, a daughter, preserved her mother’s digital footprint, which included text messages discussing the decision, GPS data showing independent activities, game logs (e.g., solitaire, sudoku) demonstrating cognitive ability, and videos sent to a grandchild. This evidence of a grandmother—vibrant, capable, independent, and resolute—proved the deceased’s competence, leading to a nuisance settlement. Without this digital evidence, the outcome might have been different.
  • Health Information: Digital health data may be vital in legal contexts, such as wrongful death claims or guardianship disputes over competency.
  • Financial Information: Evidence of gambling, scams, or financial support may be exculpatory in civil or criminal cases involving allegations of elder exploitation, or necessary to prove such exploitation.
Imagine a family unable to access a $50,000 Bitcoin wallet because the private key was not documented, or a widow losing access to a Google Photos account containing decades of family memories because no one was designated to manage it. These scenarios highlight the real consequences of neglecting digital assets in your estate plan.
         
As a trusted advisor, I recognize that managing your digital footprint is non-negotiable for a comprehensive estate plan. Ignoring digital assets risks your legacy and exposes your family to risk or loss. By proactively including digital assets in your estate plan, you can ensure your wishes are honored and your loved ones are spared unnecessary complications.  Your digital assets may also help protect you, financially and legally from exploitation or abuse.

If you have an estate plan drafted by my office within the past ten years, your estate planning documents already address digital assets:
  • General Durable Power of Attorney:  Your power of attorney confers authority to your agent to manage digital assets owned by you during your life.
  • Revocable Trust:  Your trust document confers to your trustee the authority to manage digital access owned by your trust while you are alive.  Additionally, your trust confers authority to your trustee to manage digital assets after your death. 
Regardless, this is a rapidly evolving area of the law.  Consider simple, inexpensive revisions to your planning document relating to digital assets every three to five years.    
 
Action Items for Including Digital Assets in Your Estate Plan

To bring order to your digital assets and secure your legacy, here are key steps you should take, along with how our firm can assist:
  • Create an Inventory of Your Digital Assets: Start by compiling a comprehensive list of your digital assets. This includes accounts, devices, and any digital property with financial or sentimental value. Use the inventory sheet provided below to organize this information. Keep this list in a secure location, such as your LegalVault®, a password manager, or a safe deposit box, and inform your executor or a trusted person where to find it.
  • Appoint a Digital Fiduciary:  Designate a tech-savvy individual as your digital trustee/executor to manage your digital assets after your passing. This person should be named in your will or trust, with clear authority to access and distribute your digital property. We can help draft specific provisions to ensure compliance with laws like the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).  If your successor trustee is not tech-savvy, you can select a specific person to handle only the the tech or digital role.  
  • Include Digital Assets in Legal Documents:  Incorporate clear instructions for your digital assets in your will, trust, or power of attorney (POA). For example, a POA can grant an agent authority to manage your online accounts if you become incapacitated. Our firm will work with you to include language that aligns with your wishes and legal requirements.
  • Use Online Tools for Account Management:  Take advantage of platform-specific tools like Google’s Inactive Account Manager or Facebook’s Legacy Contact to designate who can access or memorialize your accounts. We can guide you through setting up these tools to complement your estate plan.
  • Regularly Update Your Digital Asset Inventory:  Digital assets evolve rapidly, so review and update your inventory annually or when significant changes occur (e.g., new accounts, inactive accounts, sold cryptocurrencies). During our estate plan reviews, we’ll prompt you to provide updates on your digital assets to keep your plan current.
  • Secure Access Information:  Store login credentials and two-factor authentication (2FA) details securely, using a password manager or encrypted digital vault. Avoid including passwords directly in your will; it becomes a public document during probate. Our firm can recommend secure storage solutions like LegalVault® and ensure your trustee/executor knows how to access this information legally.
  • Check Transferability of Assets:  Not all digital assets are transferable due to terms of service agreements. For example, some loyalty points, memberships, or digital media may not be passed to heirs. We can help you verify which assets can be passed on and structure your plan to maximize their value for your beneficiaries.
Special Considerations

Often, a person is asked to manage digital assets he or she may have little familiarity with, and little appreciation of their significance or worth. The following are special considerations about which you should be aware.

  • Messaging Apps: These often contain important communications (e.g., family messages, business discussions) that may be merely sentimental or legally relevant. Separating them from email accounts highlights their distinct nature and ensures fiduciaries address them. Fiduciaries should be aware that these apps may contain legally relevant communications, such as evidence of intent or agreements, which could be critical in disputes over estate administration.
  • Blockchain Accounts: Cryptocurrencies and non-fungible tokens (NFTs) are increasingly common digital assets with significant financial value. They often require private keys or seed phrases for access, which fiduciaries need to manage. Attention to this category ensures these high-value assets are not overlooked.
  • Music Streaming Accounts: These accounts may contain purchased music, playlists, or subscriptions that the grantor wishes to preserve or transfer. These are distinct from broader entertainment accounts like Amazon Prime.
  • Gaming Accounts: These accounts may contain purchased games, in-game assets, or subscriptions.
  • Intellectual Property and Creative Accounts: Accounts hosting creative works (e.g., writing, music, photography) may have monetary value (e.g., royalties) or sentimental value (e.g., unpublished works). This category ensures these assets are captured beyond blogs in “Publication Accounts.
  • Health and Fitness Accounts: Health and fitness accounts may contain valuable data (e.g., genetic information, fitness history) that the grantor wishes to share with family or delete for privacy reasons. Genetic accounts like 23andMe also have privacy implications that fiduciaries should address. This information may also be legally relevant, for example, if there is a wrongful death claim, or a claim of incompetency or incapacity (guardianship or conservatorship). Additionally, Health & Fitness Accounts can monitor vital health metrics and share data with caregivers, further supporting your independence.
  • Smart Home and IoT Accounts: Smart home devices often have associated accounts that control access to data (e.g., Ring camera footage) or settings (e.g., thermostat schedules). These may need to be managed or transferred to ensure home security or functionality.
  • Wearable Device Accounts: Wearable devices, while related to “Electronic Devices,” often have separate accounts for data storage (e.g., fitness tracking) that may not be captured under the device itself. These accounts may contain health data relevant to the grantor’s estate plan. These have privacy implications that fiduciaries should address. This information may also be legally relevant in the same way as health and fitness accounts. 
  • IoT- Internet of Things: IoT stands for Internet of Things. It refers to a network of physical devices, vehicles, appliances, and other objects embedded with sensors, software, and connectivity, allowing them to collect, exchange, and act on data over the internet. In the context of the Digital Assets Inventory Worksheet, IoT accounts (e.g., Amazon Alexa, Google Nest, Ring) are included as an asset type because these devices often have associated online accounts that store data (e.g., camera footage, voice recordings) or control settings (e.g., thermostat schedules), which fiduciaries may need to manage. Immediate access may be necessary to maintain home security (e.g., Ring camera footage) or functionality (e.g., thermostat settings), especially for aging-in-place clients who rely on these devices for independent living. Examples of IoT devices include smart home systems, wearable tech like smartwatches, and connected vehicles.
  • Password Manager Accounts: While the worksheet includes a “Password Manager” column, treating password managers as a distinct asset type ensures they are inventoried as a critical access point for other accounts. These accounts often centralize credentials, making them a priority for fiduciaries. These accounts centralize access to other assets, but their credentials must be stored securely to prevent unauthorized access, as they can unlock your entire digital estate.

How Our Firm Protects Your Digital Asset Wishes

At Monty L. Donohew, LPA, we take a proactive, client-centered approach to digital estate planning. Here’s how we ensure your digital assets are protected:

Customized Legal Documents: We draft trusts, wills, and Powers of Attorney with specific provisions for digital assets, ensuring compliance with RUFADAA and platform terms of service.

Final Instructions and Forms: We provide every trust client with a set of Final Instructions and Forms, empowering your trustees and agents with the knowledge, tools, and forms, to administer or settle your trust with confidence, significantly minimizing future legal expenses. 

Education and Guidance: We educate you on the importance of digital assets and guide you through creating and maintaining your inventory.

Secure Planning: We recommend secure methods for storing access information and work with you to appoint a capable digital fiduciary.

Secured Planning Documents: We encourage and work with you to set up secure storage of your estate planning documents, introducing, employing, and deploying for you such third party services as LegalVault®.

Ongoing Support: During periodic estate plan reviews, we’ll revisit your digital asset inventory to help keep it up to date and aligned with your goals.

Collaboration with Experts: If your digital assets include complex items like cryptocurrency or online businesses, we collaborate with financial and tech experts necessary to ensure proper management.

Take the Next Step Today

Your digital assets are a vital part of your legacy, and neglecting them could leave your loved ones grappling with chaos. By taking the steps outlined above, you can bring order to your digital life and provide peace of mind for yourself and your family. Start by completing the digital asset inventory sheet and scheduling a consultation. We’ll work together to integrate your digital assets into a comprehensive estate plan tailored to your aging-in-place goals.

I understand you might be concerned about the time, cost, or privacy implications of managing your digital assets. Rest assured, updating your estate plan to include digital assets is a straightforward process that typically takes just a few hours and offers significant long-term value by avoiding costly legal disputes. Our firm prioritizes your privacy, recommending secure storage solutions like LegalVault® to protect sensitive information while ensuring your fiduciaries can access what they need.

Ready to secure your digital legacy? Contact us to book an appointment. Let’s ensure your digital assets are as protected as your physical ones.


Digital Assets Inventory Worksheet- Instructions and Guidance


A Digital Assets Inventory is a comprehensive list of a person’s digital assets, including online accounts (email, social media, banking), digital files (photos, videos, documents), cryptocurrencies, subscriptions, devices, and the like, along with access details like usernames, passwords, and security questions. In estate planning, a DAI is crucial for many reasons, but primarily because the law expects that fiduciary authority over such assets be explicitly conferred, and fiduciaries, your trustees and agents, are often unable to discover, access, or manage digital assets without specific necessary information (such as a username).  

You can obtain a Digital Assets Inventory Worksheet by emailing (chris@donohew.com) or faxing a request (866-904-9638) to our office (we don't limit access to clients, but if you are using our forms you might considering joining).

If you are a new or recent client, you received a Digital Assets Inventory Worksheet with your funding instructions/forms. You can use the form to catalog your digital assets. You can either print these sheets out and complete the information by hand, or you can type the information on your computer. Regardless, you should keep them in a secure location, such as your LegalVault®.

Provided that your sheets do not include passwords, account numbers, or other sensitive information, you can print them out and file them after either the "Miscellaneous" or "Property Transfer" tabs in your binder. Consider three-hole punching the document at the bottom in order to prevent loss of information (only notes to you as a user are in the bottom margin).

The worksheet is designed to comply with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), ensuring your fiduciaries can legally access and manage your digital assets in Ohio and Missouri.

Instructions for Use

The worksheet is designed with practicality in mind: signature lines for you (and your spouse if necessary) on each page to ensure authenticity, page numbering keeps it organized, and instructions at the bottom guide you, for example, on marking inactive accounts (e.g., striking through the Priority Level or setting it to ‘0’ on a computer, with the date of inactivity noted). There are multiple lines for dates as you update the information.  These features make it easy for you and your fiduciaries to manage your digital assets effectively. You simply fill out one row per digital asset. 

  Keep in mind three important considerations:
  • Life and Death: Access to these acccounts may be necessary while you are alive.  Dismissing accounts as having no value at death misses the point.  Even at death, recurring billing can drain the estate. 
  • Information Needs Unknowable: There is no way to know, in advance, how or why information contained in any of these accounts may prove crucial either during your life or after.
  • Strict Categorization Isn't Necessary:  Accounts and platforms may have several services, so overlap of Account Types will occur.  This is expected, especially as platforms and accounts expand services to other areas.  Strict categorizing isn't as important as inclusing all of your digital assets. 
 
The following are instructions for each column of the worksheet.

Asset Type: This first column categorizes the digital assets, and helps fiduciaries (trustees, agents, executors) understand the nature of the asset and prioritize access. Below you will find below a comprehensive, if not exhaustive, list of asset types to a purpose; the list should help you identify all of your digital assets so that they are all included. Fiduciaries must be aware of the types of accounts that may exist, their value, and special considerations they pose in administering an estate. You might be shocked at how many there are, and how many you may be using.

Description: This column provides a brief explanation of the asset (e.g., “Primary email account,” “Family photo collection”), which can add clarity, especially for assets that might not be immediately recognizable by their type or platform.

Platform/Location: This column identifies the service or provider hosting the asset (e.g., Gmail, Facebook, Dropbox), or the physical location of the device (e.g., "Tonal- South Garage wall."

Account ID/Username: This column lists the specific identifier for the account (e.g., email address, username, account title); crucial for fiduciaries to initiate access requests with custodians, as required by RUFADAA (e.g., Ohio Rev. Code § 2137.07, Mo. Rev. Stat. § 474.620).

Access Requirements: This column Describes how to access the asset (e.g., “login via website,” “Two-factor authentication(2FA) with phone”), which helps fiduciaries understand the steps needed to gain access, especially if additional verification (e.g., 2FA) is required.

Consent For Content Access: This column ensures fiduciaries know whether they have legal authority to access sensitive content (e.g., “Yes: GDPOA 2023; Trust 2020"), preventing legal barriers or delays.  RUFADAA requires explicit consent to access the content of electronic communications (e.g., email content, private messages) (Ohio Rev. Code § 2137.06, Mo. Rev. Stat. § 474.615). THIS COLUMN SHOULD BE COMPLETED FOR EVERY ASSET- it bolsters the general authority contained in your trust, power of attorney or will.  This is why you must sign every sheet. Yes; even if you have used an online tool.

Designated Access (Online Tool): This column notes if you have employed an online tool, such as Google’s Inactive Account Manager or Facebook’s Legacy Contact has been used to grant access, and to whom. It is also a reminder to check online tools. RUFADAA in both Ohio and Missouri prioritizes online tools (Ohio Rev. Code § 2137.03, Mo. Rev. Stat. § 474.610). This column, and your use of online tools, aligns with RUFADAA’s hierarchy and prevents fiduciaries from wasting time on other methods if an online tool already governs access.

Priority Level: Indicates the urgency of accessing the asset- "Low, Medium or High" (e.g., “High: Financial account,” “Low: Old social media profile”), helping fiduciaries prioritize their efforts, especially in the immediate aftermath of death or incapacity when financial accounts may need urgent attention.

Notes:  Use this column to provide detailed instructions, such as how to handle encrypted assets, preferences for memorialization or deletion, instructions for transferring ownership, or tech support contacts. Include any special considerations, such as ‘Do not share password by email or text’ or ‘Consult estate attorney for NFT transfer.'

The following are examples of recommended Notes:
  • Potential Liabilities or Risks:  Identify any potential liabilities or risks tied to the asset, such as ongoing subscriptions that need to be canceled (e.g., “Auto-renews at $99/month), security concerns (e.g., lack of 2FA), or legal issues (e.g., unlicensed software). This helps your trustees/agents mitigate financial losses or security risks.
  • Monetary or Sentimental Value: Estimate the monetary value (if applicable) or describe the sentimental significance of the asset (e.g., ‘Contains 20 years of family videos,’ ‘Holds $10,000 in airline miles’). This helps your family gauge the importance of the asset beyond its priority level and decide whether to transfer, preserve, or liquidate it.
  • Backup or Recovery Options:  Specify if the asset has a backup (e.g., ‘Photos backed up on iCloud and external drive’) or recovery options (e.g., ‘Password reset via alternate email’). This helps fiduciaries recover assets if primary access fails."
  • Instructions: Provide handling instructionsm such as encrypted accounts or investments (e.g., “Crypto wallet requires hardware key in safe deposit box”). 
  • Preferences for Memorialization: (e.g., “Memorialize Facebook account, do not delete”).
  • Instructions for Transferring Ownership: (e.g., “Transfer domain name to my son, John Doe”).
  • Contact Information for Tech Support:  (e.g., “Contact Coinbase support at support@coinbase.com for wallet access”).
You can always supplement the Notes by attaching instructions, or referring to to additional documents or pages.
How to Research Platform Policies
When managing a Digital Asset Inventory, your fiduciaries may need to understand a platform’s specific policies on inactivity, account deletion, or fiduciary access to ensure they can act promptly and within legal bounds. Here’s how to research these policies effectively:

  • Check the Platform’s Terms of Service or Help Center: Most platforms outline their policies on inactivity, account deletion, or fiduciary access in their Terms of Service or Help Center. Navigate to the platform’s website, scroll to the footer, and look for links like “Terms of Service,” “Privacy Policy,” or “Help.” Search within these sections for terms like “inactive accounts,” “deceased users,” or “fiduciary access” to find relevant information.
  • Search for Specific Instructions Online: Use targeted search queries to find platform-specific guidance. For example, search for “[Platform Name] fiduciary access” or “[Platform Name] deceased user policy” (e.g., “Google fiduciary access” or “Facebook deceased user policy”). This often leads to official articles, FAQs, or support pages detailing the steps to request access or manage an account after the owner’s passing.
  • Contact Customer Support Directly: If policies are unclear or difficult to find, reach out to the platform’s customer support team. Look for a “Contact Us” or “Support” link on the website, and submit a query explaining your role as a fiduciary. Be sure to document all communications, including dates, names of representatives, and responses, as this can help resolve disputes or clarify requirements later.
By taking these steps, fiduciaries can gather the necessary information to manage digital assets efficiently, ensuring compliance with platform policies and minimizing the risk of losing access to valuable accounts.
Security- Best Practices for the Worksheet
The Digital Asset Inventory Worksheet contains sensitive information, such as usernames and access requirements, making it a potential target for unauthorized access. To protect your estate and prevent security breaches, follow these best practices for storing and sharing the worksheet:

  • Avoid Storing Passwords Directly in the Worksheet: Do not include passwords in the worksheet itself to minimize the risk of exposure. Instead, reference their location (e.g., “Password stored in LastPass vault” or “Credentials saved in a locked safe at home”). This ensures that even if the worksheet is accessed, the most sensitive information remains secure.
  • Encrypt the Worksheet for Digital Storage: If you store the worksheet digitally, encrypt it to add a layer of protection. Use tools like a password-protected PDF, an encrypted USB drive, or software that supports encryption (e.g., VeraCrypt). Encryption ensures that only authorized individuals with the decryption key or password can access the contents.
  • Share the Worksheet Securely with Your Fiduciary: When sharing the worksheet, use a secure method to prevent interception. Provide it through a trusted intermediary, such as your estate planning attorney, or use a secure cloud service with two-factor authentication (2FA), like Google Drive or Dropbox, ensuring that only your designated fiduciary can access it.
By following these security practices, you safeguard the sensitive information in your Digital Asset Inventory Worksheet, ensuring that your digital assets remain protected and accessible only to those you trust to manage your estate.

ASSET TYPES

The most common asset types are:
  • Electronic Devices: Smartphones, laptops, desktop computers, tablets, external hard drives, flash drives, game consoles, cameras, drones, dashcams.
  • Email Accounts: Yahoo, Gmail, Outlook, AOL, Hotmail, custom domains (e.g., name@familydomain.com), employer-provided emails.
  • Messaging & Communication Accounts: WhatsApp, Signal, Telegram, iMessage, Slack, Microsoft Teams, Discord.
  • Financial Accounts: Banks, credit unions, savings and loans, brokerage accounts, mutual funds, credit card accounts, employee benefit accounts, PayPal, Venmo, retirement savings accounts, sports betting, skill game accounts.
  • Tax & Government Accounts: IRS online accounts, state tax portals, Social Security Administration (MySSA), Veterans Affairs accounts.
  • Smart Home and IoT Accounts: Amazon Alexa, Google Nest, Ring, Nest Thermostat, Philips Hue, SmartThings, Tesla.
  • Music Streaming Accounts: Apple Music, Pandora, Tidal, Spotify. Online Merchant Accounts: Amazon, eBay, Etsy, Zappos, Wal-Mart.
  • Subscription Services: Meal kit services (e.g., HelloFresh), subscription boxes (e.g., Birchbox), software subscriptions (e.g., Adobe Creative Cloud, Microsoft 365).
  • Publication Accounts: Newspapers, blogs, magazines, academic platforms (e.g., JSTOR, ResearchGate), podcast subscriptions (e.g., Apple Podcasts, Spotify).
  • Entertainment Accounts: YouTube, Roku, Amazon Prime, Fandango at home (formerly Vudu), Snapfish, Rumble, Flickr, iTunes, Google Play, Vimeo, Apple Music, PlayStation Network, Xbox Live, Nintendo Switch Online.
  • Gaming Accounts: PlayStation Network, Xbox Live, Nintendo Switch Online, Epic Games, Roblox, Steam, Twitch.
  • Web Service Accounts: Apple iCloud, Googledocs, Dropbox, Google Drive, OneDrive, password managers (e.g., LastPass), VPNs (e.g., NordVPN).
  • Social Media Accounts: Facebook, X, Instagram, SnapChat, Truth Social, Pinterest, LinkedIn, TikTok, WhatsApp, Signal.
  • Commerce Benefit Accounts: Airline miles, railroad miles, hotel rewards, retailer reward/loyalty programs, travel awards, cashback programs (e.g., Rakuten), credit card rewards (e.g., Chase Ultimate Rewards). 
  • Cryptocurrency & Blockchain Accounts: Bitcoin wallets (e.g., Coinbase, Binance), Ethereum accounts, NFT marketplaces (e.g., OpenSea), blockchain-based gaming assets.
  • Intellectual Property/Creative Accounts: Patreon, Substack, Medium, Shutterstock, SoundCloud, DeviantArt.
  • Health & Fitness Accounts: Fitbit, MyFitnessPal, 23andMe, AncestryDNA, Strava.Wearable Device Accounts: Apple Watch, Fitbit, Garmin, Whoop.
  • Password Manager Accounts: LastPass, Dashlane, 1Password, KeePass.
  • Virtual Private Network (VPN) and Security Accounts: NordVPN, ExpressVPN, CyberGhost, antivirus software accounts (e.g., Norton, McAfee). These may be necessary to access other assets securely, preventing service interruptions or security risks.
  • Educational and Professional Accounts: Coursera, Udemy, ResearchGate, JSTOR, professional association memberships (e.g., IEEE, AMA). These may contain valuable resources (e.g., course certificates, research papers) or memberships that need to be managed.
  • Domain Names and Website Accounts: GoDaddy, Namecheap, WordPress, Squarespace. These may have monetary value (e.g., a premium domain) or sentimental value (e.g., a personal blog).
  • Cloud-Based Productivity ToolsAccounts for tools like Notion, Trello, Asana, Monday.com, or Evernote, which may contain important project data, notes, or workflows.
  • E-Book and Audiobook AccountsKindle, Audible, Kobo, Scribd, or Google Books accounts, which may hold purchased digital libraries or reading progress.
  • Online Learning and Certification PlatformsPlatforms like LinkedIn Learning, Skillshare, or edX, which might contain certificates or course progress tied to professional development.
  • Photo and Video Storage/Editing AccountsAccounts for services like Adobe Lightroom, Canva, Shutterfly, or SmugMug, where edited or stored media might reside.
  • Crowdfunding and Investment PlatformsKickstarter, Indiegogo, SeedInvest, or Fundrise, where contributions or investments might need to be managed.
  • Digital Collectibles and Virtual Goods: Virtual goods in games or platforms, like in-game purchases (e.g., Fortnite V-Bucks, FIFA Points) or digital trading cards (e.g., NBA Top Shot).
  • Online Dating AccountsTinder, Bumble, Match.com, or OkCupid, which may need to be closed or managed for privacy reasons.
  • Telehealth and Medical Accounts:  Telehealth services like Teladoc, Amwell, or patient portals for healthcare providers, for medical records, billing histories, or appointment histories.
  • Charity and Donation Accounts: Accounts for recurring donations or memberships on platforms like GoFundMe, Patreon (for donations), or charity websites (e.g., Red Cross donor accounts).
  • Remote Work and Collaboration Tools:  Accounts for tools like Zoom, Webex, or Google Workspace, for meeting recordings, shared files, documents, or calendars.
  • Online Food Delivery AccountsDoorDash, Uber Eats, Grubhub, or Instacart, for saved payment methods, rewards, or subscription benefits.
  • Fantasy Sports and Gambling AccountsBeyond sports betting, accounts for fantasy sports platforms like ESPN Fantasy, Yahoo Fantasy, or DraftKings, for monetary value, rewards or active leagues.
  • Pet and Animal-Related AccountsPet care services like Rover, Chewy (for recurring pet supply orders), or pet microchip registries (e.g., HomeAgain).
  • Home and Car Maintenance Accounts:  Accounts for services like Carfax (vehicle history), AAA memberships, or home maintenance subscriptions (e.g., Angie’s List, HomeAdvisor).
  • Digital Legacy ServicesAccounts for services designed for digital estate planning, like Everplans or Cake, for stored instructions or documents.
  • Online Survey and Reward Accounts: S
    wagbucks, Survey Junkie, or InboxDollars, where users may have accumulated points, gift cards, or cash rewards.
  • Digital Art and Design Accounts:  Procreate, Figma, Sketch, or Dribbble, which might contain original artwork, design files, or portfolios with monetary or creative value.
  • Genealogy and Family History AccountsBeyond 23andMe and AncestryDNA, accounts for platforms like MyHeritage, FamilySearch, or Findmypast, which may store family trees, historical records, or DNA data.
  • Event and Ticketing AccountsAccounts for platforms like Ticketmaster, Eventbrite, or StubHub, which might hold purchased tickets for concerts, sports events, or theater shows that need to be transferred or canceled.
  • Online Therapy and Mental Health Accounts:  Accounts for services like BetterHelp, Talkspace, or Headspace, which might contain session histories, subscriptions, or meditation progress.
  • Digital Will and Legacy Accounts:  Trust & Will, LegalZoom, or Willing, where digital wills, trusts, or other estate planning documents might be stored.
  • Ride-Sharing and Mobility Accounts:   Uber, Lyft, or Lime (electric scooters), for saved payment methods, ride credits, or subscription plans (e.g., Lyft Pink).
  • Online Gaming Communities and ForumsReddit, Quora, or gaming forums (e.g., NeoGAF, ResetEra), for sentimental value or valuable posts/ contributions.
  • Insurance and Warranty AccountsOnline accounts for insurance providers (e.g., Geico, Allstate) or warranty services (e.g., SquareTrade, AppleCare), which might hold policy details, claims, or coverage plans.
  • Streaming Device AccountsFire TV Stick, Chromecast, or Apple TV.
  • Crowdsourcing and Collaboration AccountsGitHub, GitLab, or Behance, which might contain code repositories, collaborative projects, or creative portfolios.
  • Virtual Reality (VR) and Augmented Reality (AR) AccountsOculus, HTC Vive, or apps like VRChat, which might include purchased games, virtual assets, or social connections.
  • Online Booking and Reservation AccountsOpenTable, Resy, or Airbnb, for upcoming reservations, travel plans, or host accounts that need to be managed.
  • Digital Signature and Document Signing Accounts:  DocuSign, Adobe Sign, HelloSign, which might store signed contracts, agreements, or legal documents.
  • Energy and Utility Accounts:  Utility providers (e.g., electricity, water, gas) or renewable energy services (e.g., Tesla Solar, Sunrun).
  • Online Parenting and Education Accounts:  Outschool, Khan Academy, or Epic! (children’s reading app), which might contain educational progress, subscriptions, or parental controls.
  • Freelance and Gig Economy Accounts:   Upwork, Fiverr, or TaskRabbit, for active projects, client communications, or earned income.
  • Subscription-Based Learning Tools for Kids ABCmouse, Duolingo Kids, or BrainPOP, for educational subscriptions or progress for children, or stickers, awards, certificates, artwork, etc., of sentimental or occupational value.
  • Home Security System AccountsADT, Vivent, SimpliSafe, or Arlo, which manage home security cameras, alarms, or smart locks. These may contain footage, access codes, or subscription plans.
  • Property Management and Rental AccountsZillow Rentals, Apartments.com, or Airbnb (for hosts), which might include lease agreements, tenant communications, or rental income details.
  • Smart Appliance AccountsSamsung SmartThings appliances (e.g., refrigerators, washing machines, LG ThinQ, or Bosch Home Connect, for settings, warranty info, or remote control features.
  • Home Maintenance Subscription AccountsRecurring home maintenance services like lawn care (e.g., Lawn Love, TaskEasy), pest control (e.g., Terminix, Orkin), or HVAC servicing (e.g., One Hour Heating & Air Conditioning).
  • Vehicle Telematics and Tracking AccountsAccounts for vehicle tracking or telematics services like OnStar (GM), FordPass, Toyota Safety Connect, or aftermarket trackers (e.g., Tile, TrackR).
  • Car Sharing and Rental AccountsTuro, Getaround, or Zipcar, for active rentals, payment methods, or vehicle access details.
  • Vehicle Maintenance and Service Accounts: Jiffy Lube, Pep Boys, or Meineke, which might store vehicle service records, appointments, or loyalty points.
  • Fuel and Charging Station Accounts:  Fuel rewards programs (e.g., Shell Fuel Rewards, ExxonMobil Rewards) or electric vehicle charging networks (e.g., ChargePoint, Electrify America, EVgo), for saved payment methods or credits.
  • Parking and Toll AccountsAccounts for parking apps (e.g., ParkMobile, SpotHero) or toll payment systems (e.g., E-ZPass, SunPass), for payment methods or active passes.
  • Personal Property Inventory AppsAccounts for apps like Sortly, Encircle, or Nest Egg, which are used to catalog personal property (e.g., furniture, jewelry, collectibles) for insurance or estate purposes.
  • Home Renovation and Design AccountsHouzz, Home Depot Design Space, or IKEA Place, which might contain saved designs, project plans, or purchased items for home improvements.
  • Gardening and Landscaping Accounts:  Smart sprinkler systems (e.g., Rachio, Orbit), plant care apps (e.g., Planta, Blossom), or landscaping services, which might manage watering schedules or garden plans.
  • Moving and Storage AccountsStorage unit providers (e.g., Public Storage, U-Haul) or moving services (e.g., PODS, Moving.com), for rental agreements, payment details, access codes, or personal property location.
  • Personal Property Auction or Resale AccountsAccounts where personal property is sold, like Decluttr (for electronics), Poshmark (for clothing), or Chairish (for furniture), for active listings or earnings.
  • Collectibles and Hobby Accounts:  Collectibles or hobbies, such as eBay (for trading cards), Reverb (for musical instruments), or StockX (for sneakers), for valuable items or transactions.
  • Homeowner’s Association (HOA) or Condo AccountsOnline portals for HOA or condo associations (e.g., AppFolio, Buildium), which might contain payment histories, community documents, or maintenance requests.
  • Smart Garage/Gate Access:  Smart garage door openers (e.g., Chamberlain MyQ, LiftMaster) or gate access systems, for  remote access settings or logs.
  • Vacation Home or Timeshare Accounts:  Accounts for timeshare platforms (e.g., Marriott Vacation Club, Disney Vacation Club) or vacation home management apps, for booking details, maintenance schedules, or ownership documents.
  • Boat and Recreational Vehicle (RV) Accounts:  RV-related services, such as Boatsetter (boat rentals), RVshare, or marina memberships, for rental agreements, maintenance logs, or registration details.
  • Digital Keys and Access CodesDigital key management systems (e.g., August Smart Lock, Schlage Home), which might store access codes for homes, vehicles, or safes containing personal property.
  • Digital Memorial and Tribute Accounts:  ForeverMissed, Legacy.com, or Tributes.com, for memorial pages, tribute videos, or guestbooks for loved ones, preserving memories or messages.
  • Online Voting or Civic Engagement Accounts:  Vote.org, TurboVote, or local election portals, for voter registration details, absentee ballot requests, or civic engagement history.
  • Digital Recipe and Cooking Accounts:  Allrecipes, Tasty, or BigOven, for saved family recipes, meal plans, or cooking notes, which could be sentimental for family members.
  • Online Spiritual or Religious Accounts:  Pray.com, Bible Gateway, or online church portals (e.g., Church Center), forprayer journals, donation records, or virtual service participation.
  • Digital Time Capsules or Future Messaging AccountsFutureMe, TimeCapsule,  MyLastingMemories, etc., for scheduled messages, letters, or videos to be delivered to family members in the future.
  • Online Art Gallery or Exhibition Accounts:  ArtStation, Saatchi Art, or Redbubble, for uploaded artwork, sold prints, or curated galleries, potentially with monetary or sentimental value.
  • Virtual Event Attendance Accounts:  Hopin, Run The World, or Airmeet, for registered virtual conferences, webinars, or family reunions, with saved recordings or tickets.
  • Digital Journals or Diary AccountsDay One, Journey, or Penzu, for personal journals, daily reflections, or life events, holding significant sentimental value.
  • Online Language Learning AccountsDuolingo, Babbel, Rosetta Stone, which might contain progress in learning a language, potentially tied to family heritage or personal goals.
I've identified several, mostly sentimental account types that capture both the sentimental interactions between adults and children, e.g., grandparents and grandchildren, for example, and the practical caregiving responsibilities of parents and caretakers. They ensure that memories are preserved and caregiving duties can be seamlessly transferred or continued by someone else if needed.
  • Digital Scrapbooking and Memory-Keeping Accounts:  Mixbook, Shutterfly, or Artifact Uprising, for created photo books, calendars, or scrapbooks.
  • Family Communication/Memory-Sharing AppsFamilyAlbum, Tinybeans, or Lifecake, for stored photos, videos, or milestones.
  • Video Call Accounts (Beyond Messaging)FaceTime, Skype, or Google Meet, which grandparents might use to regularly connect with grandchildren and record special moments (e.g., storytelling sessions or virtual playdates).
  • Online Storytime or Reading AccountsStoryline Online, Epic!, or Vooks, for purchased or read digital books, saved reading lists or progress.
  • Shared Gaming or Interactive AppsKahoot!, Roblox, Animal Crossing, for shared or saved play games, virtual worlds, or quizzes.
  • Event Planning for Family Gatherings:  Evite, Paperless Post, Punchbowl, for family events (e.g., birthday parties, holiday gatherings), invatations,and RSVPs.
  • Crafting and Activity Subscription Accounts: KiwiCo, Little Passports, or Green Kid Crafts, for orders and subscriptions of activity kits, saved project histories or subscriptions.
  • Virtual Museum or Zoo Accounts:  Virtual experience accounts like Google Arts & Culture, National Geographic Kids, or zoo livestream subscriptions (e.g., San Diego Zoo), for shared exhibits or animal cams.
  • Music and Sing-Along Accounts:   Singa (karaoke app) or kids’ music apps (e.g., Super Simple Songs on YouTube). 
  • Shared Calendar AccountsShared family calendars (e.g., Google Calendar, Cozi), for recorded or scheduled special outings, visits, or events.
  • Childcare and Babysitting Accounts:  Care.com, Sittercity, UrbanSitter, where parents arrange childcare, store caregiver contacts, or manage payments for ongoing care.
  • School and Education PortalsAccounts for school management systems like ClassDojo, Seesaw, or Schoology, where parents track their child’s assignments, grades, or communicate with teachers, essential for continuing educational support.
  • Extracurricular Activity AccountsTeamSnap, SportsEngine, Gamechanger, Flowrestling, SignUpGenius, where parents manage sports teams, dance classes, or Scouts activities, including schedules, payments, or team communications.
  • Children’s Subscription BoxesSubscription services like Raddish (cooking kits for kids), MEL Science (science experiments), or Highlights (magazines), which provide ongoing activities or educational materials for children.
  • Parental Control and Monitoring Accounts:  Qustodio, Bark, or Net Nanny, for monitoring a child’s online activity, screen time, or location, ensuring safety and continuity of oversight.
  • Meal Planning and Nutrition Accounts for Kids:  Yummly, Paprika, or kid-specific meal services (e.g., Nurture Life, Little Spoon), where parents manage meal plans, dietary restrictions, food allergies, or baby food subscriptions.
  • Medical and Vaccination Records Accounts:  Pediatrician portals (e.g., MyChart, FollowMyHealth) or vaccination tracking apps (e.g., VaxCare), for a child’s medical history, appointments, or immunization records.
  • Special Needs Support AccountsAutism Speaks Resource Library, Goally (for ADHD/autism), or therapy apps (e.g., Speech Blubs), to manage care plans, therapy schedules, or developmental tools for those with special needs.
  • Toy and Clothing Subscription AccountsKidbox, Hanna Andersson (clothing subscriptions), or Lovevery (developmental toys), for rewardsm subscriptions, or history of toys or clothes.
  • Savings and Trust Accounts for ChildrenGreenlight (kids’ debit cards), UNEST (529 plans), or custodial accounts (e.g., Fidelity Youth Account), for saving or managing money for a child’s future.
  • Emergency Contact and Safety AppsLife360, Find My Kids, or bSafe, to track a child’s location, set up emergency contacts, or receive safety alerts.
  • Child Therapy and Counseling AccountsLittle Otter (pediatric mental health), MDLIVE (behavioral health for kids), or school counseling portals, for past or future  therapy sessions or mental health support.
  • Digital Baby Monitoring Accounts:  Smart baby monitors like Nanit, Owlet, or Miku, for sleep patterns, video footage, or health metrics (e.g., heart rate, oxygen levels) for infants.
  • Co-Parenting Accounts (for Separated Parents):  Accounts for platforms like OurFamilyWizard, 2Houses, or TalkingParents, where parents manage shared custody schedules, expenses, or communications, critical for continuity in caregiving.
  • Travel Accounts for Family TripsTripIt, Wanderlog, or Disney Genie (for Disney trips), where parents plan family vacations, store itineraries, or manage bookings for children’s activities.
  • Digital Pen Pal or Letter-Writing Accounts:  
    Slowly (digital pen pal app) or Handwrytten, e.g., grandparents might exchange letters or messages with grandchildren, creating a digital record of their bond.
  • Online Board Game or Puzzle Accounts:  Chess.com, Puzzingo, or Tabletopia, where grandparents might play digital board games, chess, or puzzles with grandchildren, saving game histories or achievements.
  • Virtual Reality Social Spaces for Kids Accounts for kid-friendly VR platforms like Rec Room (with parental controls) or AltspaceVR, where grandparents might join grandchildren in virtual spaces for shared activities or events.
  • Digital Storytelling Creation Accounts: StoryJumper, My Storybook, or Book Creator, where parents/grandparents might create custom stories or books for grandchildren, preserving personalized tales.
  • Online Astronomy or Stargazing Accounts: Accounts for apps like Stellarium, SkySafari, or Night Sky, where grandparents might explore constellations with grandchildren, saving favorite star maps or observation notes.  
  • Child Safety Product Accounts: S
    mart child safety devices like AngelSense (GPS tracking for kids with special needs), Jiobit, or smart car seats (e.g., Cybex Sirona S), which might store location data, alerts, or safety settings.  
  • School Fundraising or Volunteer Accounts
    Accounts for platforms like Boosterthon, DonorsChoose, or PTO websites, where parents might manage school fundraisers, donations, or volunteer schedules for their child’s school.  
  • Child Behavior and Reward Tracking Apps:  
    Accounts for apps like Classcraft, ChoreMonster, or GoNoodle, where parents track a child’s behavior, chores, or rewards, ensuring continuity of routines or incentives.  
  • Online Tutoring or Homework Help Accounts:  
    Accounts for platforms like Khan Academy Kids, Wyzant, or Chegg Tutors, where parents arrange tutoring sessions or access homework resources for their child.
  • Digital Allowance/Chore Management Accounts:  Accounts for apps like BusyKid, RoosterMoney, or PiggyBot, where parents manage a child’s chores, allowance, or savings goals, critical for maintaining financial routines.
  • Children’s Art and Creativity Accounts: Accounts for platforms like Artsonia, Tynker (coding for kids), or Crayola Create and Play, where a child’s artwork, coding projects, or creative outputs might be stored, holding sentimental value.
  • Sleep Training/Bedtime Routine Accounts:  Accounts for apps like Huckleberry, Moshi, or Calm Kids, where parents manage a child’s sleep schedules, bedtime stories, or relaxation routines, important for maintaining consistency.  
  • Online Playdate or Social Group Accounts:  Accounts for platforms like Playdate (app for scheduling playdates) or Peanut (for connecting parents), where parents might arrange social activities or playgroups for their child.  
  • Child Development Milestone Tracking Accounts:  The Wonder Weeks, Kinedu, or BabySparks, where parents track developmental milestones, activities, or parenting tips, essential for ongoing care.
  • Online Camp or Summer Program Accounts:  CampDoc, Sawyer, or local camp websites, where parents manage registrations, payments, or schedules for children’s summer camps or programs.

How Our Firm Protects Your Digital Asset Wishes

At Monty L. Donohew, LPA, we take a proactive, client-centered approach to digital estate planning. Here’s how we ensure your digital assets are protected:

Customized Legal Documents: We draft trusts, wills, and Powers of Attorney with specific provisions for digital assets, ensuring compliance with RUFADAA and platform terms of service.

Final Instructions and Forms: We provide every trust client with a set of Final Instructions and Forms, empowering your trustees and agents with the knowledge, tools, and forms, to administer or settle your trust with confidence, significantly minimizing future legal expenses. 

Education and Guidance: We educate you on the importance of digital assets and guide you through creating and maintaining your inventory.

Secure Planning: We recommend secure methods for storing access information and work with you to appoint a capable digital fiduciary.

Secured Planning Documents: We encourage and work with you to set up secure storage of your estate planning documents, introducing, employing, and deploying for you such third party services as LegalVault®.

Ongoing Support: During periodic estate plan reviews, we’ll revisit your digital asset inventory to help keep it up to date and aligned with your goals.

Collaboration with Experts: If your digital assets include complex items like cryptocurrency or online businesses, we collaborate with financial and tech experts necessary to ensure proper management.

Take the Next Step Today

Your digital assets are a vital part of your legacy, and neglecting them could leave your loved ones grappling with chaos. By taking the steps outlined above, you can bring order to your digital life and provide peace of mind for yourself and your family. Start by completing the digital asset inventory sheet and scheduling a consultation. We’ll work together to integrate your digital assets into a comprehensive estate plan tailored to your aging-in-place goals.

I understand you might be concerned about the time, cost, or privacy implications of managing your digital assets. Rest assured, updating your estate plan to include digital assets is a straightforward process that typically takes just a few hours and offers significant long-term value by avoiding costly legal disputes. Our firm prioritizes your privacy, recommending secure storage solutions like LegalVault® to protect sensitive information while ensuring your fiduciaries can access what they need.

Ready to secure your digital legacy? Contact us to book an appointment. Let’s ensure your digital assets are as protected as your physical ones.

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