As we move further into the digital age, estate planning must address more than traditional assets like houses, financial accounts and physical property. It’s also about what happens to email logins, cloud-based photo collections, social media accounts and crypto wallets. A recent article, “Digital assets are a key part of estate planning,” from the Journal of Business, discusses how addressing digital assets in your estate plan need to be managed as part of your estate.
Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which provides a legal framework to designate fiduciaries with specific authority to access and manage digital accounts. If you’re not sure whether your state has this law, ask an estate planning attorney.
There are a few different factors at play. The legal aspect of determining who can access digital assets according to RUFADAA is just one part. All websites and services have end-user agreements. Everyone should name a digital executor to serve as a fiduciary for digital assets and address the end-user agreements. The digital executor serves as your representative to the custodian of the digital assets.
Custodians in this case are the companies operating platforms like Facebook, Instagram, Apple, Google, or Microsoft. RUFADAA was created to recognize the personal and financial value of digital assets. They include any content, data, or media stored or accessed electronically.
These accounts are governed by end-user licensing agreements, known as TOSAs, or Terms of Service Agreements. They often prohibit unauthorized access, even by family members. Logging into a deceased or incapacitated person’s account using their password, even when you are their legal representative, can technically violate anti-privacy laws. RUFADAA allows people to authorize someone else to access digital accounts. This can be included in a power of attorney authorization during life and in a will or a trust for post-death administration.
However, even with legal authority, full access isn’t guaranteed. Google might only provide a list of emails and not the content. A court order may be needed to gain complete access and control. Many cases have gone to court, and not all have been successful.
Some platforms have created legacy contact options. However, not all have done so. Some platforms will deactivate an account if it is inactive for a certain number of days.
Digital assets are not just online photos and emails. The category includes cryptocurrency, nonfungible tokens (NFTs) and other blockchain-based properties. These assets are usually stored in digital wallets, and access requires a private key. In many cases, they account for a significant part of a person’s estate.
Estate planning is a gift to family members and loved ones. Creating an estate plan is less about the individual creating the plan and more about helping the people who love you to have the legal authority to take care of your affairs in case of incapacity or death. Contact an experienced estate planning attorney to ensure that your wishes are followed, your assets are protected and your loved ones can care for you.
Beck, Lenox & Stolzer Estate Planning and Elder Law, LLC, is happy to assist you. New clients are entitled to a free phone consultation and can click here to schedule with one of our attorneys.
Reference: Journal of Business (September 25, 2025) “Digital assets are a key part of estate planning”
