If you want loved ones to remember you fondly, tackle your estate-planning tasks. Your heirs will thank you for not leaving a legal mess to sort out.
Many of us want to get going on this planning, but don’t know where to start. Here’s what you should know about eight documents that can help you get your affairs in order.
If that sounds like a lot of paperwork, don’t worry: You probably won’t need every document. And if you’re wondering where to find the documents you do need, not to worry: Just head to our partner Rocket Lawyer, where you’ll find everything you need cheap.
1. Last will and testament
A will gives you the power to decide what is in the best interests of your children and pets after you’re gone. It also can help you determine what will happen to possessions with financial or sentimental value. It typically names an executor — someone who will be in charge of following your directions. Finally, you can include any funeral provisions.
Use your will to name guardians for those under your care, including minor children and pets. Designate any assets you are leaving for their care.
If you’re married, your spouse needs a separate will, AARP says.
In the absence of a will, a probate court will name an executor — typically a spouse or grown child — for your estate. Probate proceedings are a matter of public record. So keep private information — passwords, for example — out of your will, as that information could become part of a public document.
2. Revocable living trust
A living trust is another tool for passing assets to heirs while avoiding potentially expensive and time-consuming probate court proceedings.
You name a trustee — perhaps a spouse, family member or attorney — to manage your property. Unlike a will, a trust can be used to distribute property now or after your death.
If you have substantial property or wealth, a trust can provide tax savings.
ElderLawAnswers further explains the differences between trusts and wills. Creating a trust is not a do-it-yourself project. Get an attorney’s help.
3. Beneficiary designations
When you purchase life insurance or open a retirement plan or bank account, you’re often asked to name a beneficiary, which is the person you want to inherit the proceeds when you die. These designations are powerful, and they take precedence over instructions in a will.
Keep beneficiary designation papers with your estate-planning documents. Review and update them as your life changes.
4. Durable power of attorney
This document allows you to choose someone to act on your behalf, financially and legally, in the event that you can’t make decisions.
Don’t put off this chore. You must be legally competent to assign this role to someone. Older people worried about relinquishing control sometimes put off the task until they are no longer legally competent to do it.
5. Health care power of attorney and living will
To ensure that someone can make medical decisions for you in the event you become incapacitated, establish a health care power of attorney — also called a durable health care power of attorney. This is different from the previously mentioned durable power of attorney for financial and legal affairs.
A living will lets you explain in advance of your death what types of care you do and do not want, in case you can’t communicate that in the future. It’s strictly a place to spell out your health care preferences and has no relation to a conventional will or living trust, which deals with property.
“You can use your living will to say as much or as little as you wish about the kind of health care you want to receive,” says legal site Nolo in a detailed article.
6. Provision for digital assets
Decide what to do with your digital assets, including your computer hard drive, digital photos, information stored in the cloud, and online accounts such as Facebook, Yahoo, Google and Twitter. Be sure to include a list of your passwords.
For instructions, requests and important personal or financial information that don’t belong in your will, write a letter. Use it to convey your wishes for things you hope will be done. For example, you may have detailed instructions about how you want your funeral or memorial service to be performed.
No attorney is needed. The letter won’t carry the legal weight of a will.
8. List of important documents
Make certain your family knows where to find everything you’ve prepared. Make a list of documents, including where each is stored. Include papers for:
Life insurance policies
Pension or retirement accounts
Birth and adoption certificates
Real estate deeds
Stocks, bonds and mutual funds
Another item helpful for your heirs is a list of bills and accounts, including contact information and account numbers for each, so your representative can settle and close these accounts.
Let us know what estate planning experience or tips you have by commenting below or on our Facebook page. And remember to head to our partner Rocket Lawyer. They’ve got everything you need.
Disclosure: The information you read here is always objective. However, we sometimes receive compensation when you click links within our stories.
On March 7, 2019, Myrna M. DeLeon passed away, days before her 65th birthday. “Her death was completely unexpected,” said her daughter and my brother-in-law’s wife, Casey. In the emotional aftermath for the family, one thing made the grieving process less stressful: Myrna’s “in case of death” preparations. She had filed important documents in a safe and kept a categorized “little black book of information.”
“She was a nurse who was organized in the operating room, and she took that skillset of organization and advanced thinking into our home life as well,” Casey said. “For example, ‘B’ was not for people with the last name starting with B, but for banks and other financial institutions. It listed account numbers for policies and phone numbers to call for claims.”
Casey and her brother had set up their mom’s phone and email, so they knew her passwords for those, which proved essential. “All of her contacts were in her cellphone, and I needed those to inform them of Mom’s passing. I also needed to ask her colleagues how their union benefits worked so I could get answers as quickly as possible.”
Preparing for your eventual demise is a gift your loved ones will appreciate even as they mourn your loss — and it will give you peace of mind in the present, too. Most people have thought about setting up a will and doing other estate planning, but you should also arm your family with the most essential information they’ll need in the immediate days and weeks after you’re gone, preferably in one easy-to-access place. Here’s how to set up a digital version of Myrna’s “little black book” for simple and secure information sharing with family members and trusted friends.
Step 1: Share your account logins and other secure information with a password manager
Everyone should use a password manager, software that securely and conveniently stores all your account logins as well as notes you want to keep under virtual lock and key. With 1Password or LastPass, Wirecutter’s favorite password managers, you can share the critical information your family will need to know after you’re gone, such as important contacts and insurance details. The individual plans offer basic sharing features, but for these purposes a family plan is better because it provides accounts for your whole family.
With 1Password for Families ($60 per year), up to five people get their own account, you can easily move or copy items across accounts, and a designated person can help someone else in the plan recover their master password. LastPass Families ($48 per year) offers similar features for up to six people. Wirecutter prefers 1Password for its combination of security, compatibility with various devices, and ease of use, but if you want to save a few bucks a year, LastPass is a good option.
To share vaults in 1Password for Families or folders in LastPass Families, the process is roughly the same:
Click People in 1Password or Manage Family in LastPass, and invite members via email.
Once they accept your invitation, each family member creates a master password for their account and gains access to the shared vaults or folders.
Each family member can then add passwords, secure notes, bank info, contact info, files, and more in the shared vaults or folders.
To access all this information, the only thing each family member needs to remember is the one master password they set up for their account.
Step 2: Record and save emergency info
In addition to passwords, you should make other personal information readily accessible. These items include:
Instructions in case of death: Be sure to include details such as burial or living-will wishes.
Important logins or security codes that aren’t website logins: List your computer password, your phone PIN, the code to the fireproof safe, and so on.
Important contacts: Indicate who to contact at your workplace, as well as your lawyer, accountant, will executor, and insurance agents.
Locations of valuables and critical papers: Note the whereabouts of wills, passports, Social Security cards, birth certificates, and any other legal documents that are difficult to get copies of.
Recurring-bills details: Specify when the bills are due and how they’re paid (if they’re autopay or where to send a check).
Financial account details: List your retirement and investment accounts, insurance policies, bank accounts, and credit cards.
You can create a secure note in your password manager for each of the items above. Or, if you want a free option or if some family members aren’t likely to use a new app, you can create a password-protected spreadsheet that contains this information. We’ve created an emergency-information template as an Excel spreadsheet (which you can import into Google Sheets following these instructions from How-To Geek) for you to get started.
[Like what you’re reading? Sign up here for the Smarter Living newsletter to get stories like this (and much more!) delivered straight to your inbox every Monday morning.]
Step 3: Set up dead-man switches and assign custody for your digital accounts
A dead-man switch is a security feature on trains that requires operators to hold a handle on a control board so that if they let go, the switch applies the emergency brakes. A dead-man switch in non-transit terms notifies loved ones and can disable your accounts if you fail to respond to prompts. This feature is especially useful for people who live alone, because you want others to notice you’re gone as soon as possible. Google is perhaps the most important account you might want this feature for, if you use Gmail or store files in Google Drive: You can instruct the Inactive Account Manager to either delete your data or share your Google accounts with someone you trust after a period of inactivity.
Pick one person to manage your social media accounts to either preserve your memory or delete those accounts. Facebook, LinkedIn, Tumblr, Twitter, and other social media accounts all offer options for enabling your loved ones to manage your accounts, but you’ll need to change those settings before you die, of course.
Step 4: Drill practice — teach your loved ones how to survive without you
After you’ve done all the above, you should share the details with your family (you can also share select information in the password manager with a power of attorney or a trusted friend). Make sure they accept the password manager invite, install the apps, and know how to use them. Set up a calendar reminder to update your info at least once a year. And since no one likes talking about death, have that talk while you’re healthy so that your family won’t worry unnecessarily. Reassure them that all this preparation is a “just in case” measure, and you’re doing it for everyone’s peace of mind.
[ If you are having thoughts of suicide, call the National Suicide Prevention Lifeline at 1-800-273-8255 (TALK) or go to SpeakingOfSuicide.com/resources for a list of additional resources. ]
A friend recently told me of the challenge she faced sorting through her aging parents’ belongings to prepare their home for sale.
Her father had died years ago and her 94-year-old mother had been living in an assisted-care facility for more than a year. Most of the items of sentimental or personal value had already been distributed to her siblings. What remained were her parents’ personal archives — letters, photos, employment/financial/legal/health records, all tangible, physical objects that, once gone, would be gone forever.
In the internet age, personal archives are no longer limited to the tangible. In fact, much of one’s personal archives is now digital — emails, texts, photos, videos and social media accounts. And there’s a lot more content generated and stored than ever before. Some is saved on personal storage space, such as a computer hard drive. Other material lives in the cloud in services like Facebook, Google Mail and YouTube. In most cases, that content is protected by some kind of password.
So what becomes of all of that information when someone dies? Does it remain online forever? Can it be altered, deleted or downloaded, and if so, by whom? And how do these digital artifacts represent your life and legacy?
These questions inspired Evan Carroll and John Romano to create the website thedigitalbeyond.com to address these needs and concerns. Together they wrote the book “Your Digital Afterlife” in 2011. Since that time an entire industry has emerged to help people plan for managing their digital legacy. Thedigitalbeyond.com lists dozens of such online services. Some are free while others are fee-based.
Knotifyme.com, for example, “answers the question, ‘What happens to all my online accounts if I get amnesia, Alzheimer’s or if I leave from this world?’ With knotify.me you set future notifications to be sent to your family and beloved people or to yourself, ensuring that nothing of your digital life will be wasted (and) transfers your online property/heritage (urls, domain names, e-mail & social network accounts, etc.) to whomever you wish to continue it in the future!” You can sign up for this free service through your Facebook, Twitter or Google accounts. In short, according to its tagline, Knotifyme.com “manages your digital heritage.”
To address financial matters, consider Legacyarmour.com, which describes itself as “a secure asset protection platform where you organize your important information in encrypted vaults, and …. automatically deliver it to your designated recipients on a scheduled date, or in case of your death or incapacitation.” It is a fee-based membership service with different levels of coverage and prices depending on what you want.
The rapid growth of the web has outpaced the law in the realm of the digital afterlife. It wasn’t until 2015 that the Uniform Law Commission, a nongovernment organization, created the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). It has since been adopted by 40 states and been introduced in five more this year. As its name suggests, RUFADAA “allows fiduciaries to manage digital property like computer files, web domains, and virtual currency, but restricts a fiduciary’s access to electronic communications such as email, text messages, and social media accounts unless the original user consented in a will, trust, power of attorney, or other record.”
Some online services have their own policies for providing access to a person’s account after he or she dies. Facebook allows users to designate a “Legacy Contact” who is legally permitted to enter someone’s account to post, respond to friend requests, and update profile and cover photos. The Legacy Contact may also be given the power to download an archive of the photos, posts and profile information in that account. Facebook users can also simply opt to have their account permanently deleted after their death. Google offers an Inactive Account Manager feature that allows users to share parts of their account data or notify someone if they’ve been inactive for a certain period of time.
One important and often repeated piece of advice is to never put usernames and passwords for any online accounts in your will, as it becomes a public record once it is entered into a probate court file.
It is never too soon to start estate planning, whether it be for tangible assets or digital ones. It may be well worth your time to investigate the policy options of your online account services and perhaps even avail yourself of some of the many digital afterlife services available today.
When it comes to, wills, power of attorney and all that goes into crafting your estate plan, you should include a discussion about digital assets with your attorney.
Our lives today are primarily conducted online – making digital assets part of our daily lives. Yet many of us fail to recognize that the value of digital assets are as important as tangible assets. McAffee, in 2014, conducted research that disclosed digital devices hold an estimated value of $35,000. Topping the list of stored items are personal memories, photos, and videos which was estimated at over $17,000.
As we store an increasing amount of assets and accounts online, their emotional and financial value increases. If you have not included digital asset information along with your estate planning documents, your beneficiaries may not be able to access your accounts, particularly if they do not have passwords and related information. Additionally, problems arise with social media accounts that are covered by TOS (terms of service) agreements which prohibit an accountholder from disclosing information to third parties, or allowing them to access your account, and from transferring the account. Laws governing digital accounts vary state-by-state and all too often beneficiaries are locked out of their loved ones’ social media and other accounts.
What is a Digital Asset?
Digital asset refers to any content a person owns in digital form i.e., anything that you access online, your computer, a mobile device, or that is stored in the cloud. The list of digital assets is extensive and tends to fall into several categories including:
Passwords: A strong password can secure the information on your computers,
high-tech items and shopping accounts; unfortunately, people are not as careful in selecting passwords making it easy for hackers to access accounts. Google provides many ideas on how to choose hard-to-hack passwords
Social media accounts: Facebook, Twitter, LinkedIn, Instagram etc., most of which have exclusive access via passwords and relevant security words. They are subject to terms of service contracts established by social media outlets – therein lies the issue when families try to access a deceased loved one’s account.
Businesses: Websites, domain name/s, blogs, intellectual property, all data stored digitally etc.
Personal: Electronically stored photo albums, music, movie collections, video games, websites, mobile devices, frequent flyer miles, medical records, shopping sites such as Amazon, EBay, Wayfair, food sites.
Estate Planning and Digital Assets
When it comes to estate planning we realize that protection of our homes, loved ones, and financial assets are critical. However, it is equally important to protect the legacy of your digital assets as well. Pointers for safeguarding your digital assets include:
Prepare an inventory of all your digital assets with a description of each along with your user name, password and related security information. Plan to update the inventory each time you make a change.
Store the inventory either with your estate planning documents or in a place that it can be accessed by your fiduciary (power of attorney, personal representative (executor), etc.).
Authorize your decision makers (your agent(s) named in your durable power of attorney, in the event of a lifetime illness or disability, and your personal representative (executor) named in your will to act for your estate upon your death) with the appropriate powers to access and deal with digital assets in the event of lifetime disability or death. Supplement those powers with private instructions, if applicable, as to how you more specifically wish your digital assets to be handled. For instance you may have certain personal accounts that you don’t ever want opened; be specific.
Be aware. Familiarize yourself with terms of service agreements associated with your social media accounts. Some platforms have incorporated ways of handling a deceased’s account, others have not addressed this issue at all.
The importance of including digital assets in your estate plan cannot be overstated as Internet usage becomes more pervasive and as online accounts become even more valuable. Be sure to discuss this topic with an estate planning attorney… soon.
When a loved one passes away, dealing with the mundane little things is an unfortunate, and often headache-inducing, necessity. Canceling a deceased loved one’s bills and magazine subscriptions, dealing with their financial situations… And now you have to worry about your loved one’s digital affairs as well. You have to account for everything from their email inboxes to their Facebook account, and the data they left behind. What do you do with it all?
There aren’t many clear or easy ways for people to transfer their digital assets after they’ve passed on. This includes things like their iTunes media library, or even just the credentials needed to access the departed’s various online accounts. Some people have started to wonder if they should include things like passwords to their multitudes of online accounts in their wills.
It can be difficult to successfully petition the likes of Google or Apple to release information on users who have passed away. This is often true regardless of your relation to the deceased. And social media platforms keep a tight leash on their users’ login credentials, even after they’ve passed on.
Accessing Data From a Deceased Loved One’s Electronic Devices
On occasion, we here at Gillware receive calls from people looking to have data retrieved from a phone or tablet belonging to a deceased loved one. Usually all they’re looking for are photos and contacts belonging to the deceased—photos to remember them by, and friends to notify of their passing. Sometimes this data is very difficult to get a hold of outside of a data recovery lab. This is especially true when dealing with mobile devices.
When you die, all of your data stays right where you left it. Making sure your loved ones can access the data you leave behind isn’t something many of us plan for. This can leave your loved ones in a bind when you pass away and they have to deal with your affairs—both analog and digital. The trend in data storage, especially among mobile devices, is encryption and total data security. If you don’t plan ahead, accessing the data you’ve left behind on your phone or synced with your Apple or Google account can prove difficult, or even nigh-impossible, for your loved ones.
Below are some tips for retrieving data from mobile devices and computers after their users have passed on. If you cannot retrieve the data on your own or with help from Apple or Google, though, the experts at Gillware Data Recovery and Gillware Digital Forensics can help. Our data recovery and forensic engineers have often assisted people in retrieving data from phones, computers, and other mobile devices belonging to deceased loved ones. In these situations, the data we recover often helps bring much-needed closure to the deceased person’s grieving family and friends.
Accessing a Deceased Loved One’s iPhone
Apple iPhones are, unfortunately, notoriously difficult to access in the event of their owners’ passing. Unlike many Android phone models, iPhones do not have (often unencrypted) microSD cards you can take out of the phone. All of the data resides within the encrypted flash memory chip built into the device. You can’t pick the lock or bust down the door, metaphorically speaking. Either you know the passcode that gives you access to the data on the phone, or you don’t. Your iPhone does not send your passcode directly to some giant password database at Apple HQ. Only the user—and anybody else they may have told—knows their own iPhone passcode.
Apple’s data protection policies, especially their encryption policies, are a harsh mistress. You cannot appeal to an iPhone’s reason or emotion, because it has none. Apple iPhones are designed to be virtually unhackable without taking the most extreme of measures. Each successive model is more unhackable than the last. That’s just the way these things are—and even appealing to Tim Cook can’t change that.
However, while Apple can’t help you access your loved one’s iPhone after they’ve passed on, their Apple ID, iTunes, and iCloud accounts present a much less insurmountable goal. These accounts often hold data that is synchronized between the owner’s iPhone, iPad, and other devices. Access to these accounts is often easier to gain than access to the iPhone itself.
To gain access to a deceased loved one’s Apple ID, iTunes, or iCloud account information, you can contact Apple Support. Apple Support will ask for identifying information, such as a death certificate of the user, and proof of relation. Apple Support does, of course, often err on the side of caution when it comes to releasing information on another user’s account.
Accessing a Deceased Loved One’s Android Mobile Phone
Many Android mobile phones also store some of the user’s data on a small microSD card inside the phone. You can easily remove the microSD card, place it into an adapter, and plug it into a computer, even if you can’t access the phone it belonged to. Not all mobile phones come with a microSD card preinstalled, however. In addition, how much data the user had on the SD card depends on how the user had their phone set up.
Owners of Android phones often have their phones tied to a Google account. In these cases, some data on the phone, such as contacts or photos, may be synchronized with the user’s Google Drive. Like with Apple, you can contact Google to access your loved one’s account. In the interest of protecting user privacy, Google asks for plenty of identifying information about both you and your loved one before they decide whether to comply with your request.
Some of the information Google requires includes your name, mailing address, email address, the Google account username or Gmail address of your loved one, their death certificate, and an example of an email conversation between you and the deceased.
Requesting data from a loved one’s Google account is a two-part system. Google will review your request and may request a court order before moving onto the second step.
Accessing a Deceased Loved One’s Home Computer
Unlike with mobile phones, getting into your loved one’s computer to recover the files and documents they left behind proves much less of a challenge. Even if you don’t know the password to their user account, accessing the data on a computer is downright trivial. You can access their files from another account on the PC. Or, if you don’t have one, you can remove the hard drive from the PC and view the data on it on another computer using a hard disk drive enclosure or USB adapter cable. These methods all work, unless the data on the drive has been encrypted. When you encrypt data, it is impossible to make sense of it without the proper password to unlock the data (of course, if encryption were easy to circumvent, there wouldn’t be much point in having it).
This covers most of the data a deceased loved one will have lying on their physical devices once they pass on. But what about everything they’ve left behind on the Internet? What happens to it? Can you get to it?
What Happens to Your Social Media Accounts After Death?
The people using social media to stay abreast of current events, share things that are happening in their lives, and keep in touch with their families and friends number in the billions. Between Facebook, Twitter, Google+, Instagram, Pinterest, and various other platforms, people are accruing social media presences at an accelerating rate. When a user stops using an account, it just stays there. After all, your social media account won’t know when you’re dead. It can be unsettling, to say the least, to know that a family member or friend’s social media accounts are floating around through cyberspace as if nothing has changed.
All social media platforms highly value the privacy of their users, even their deceased users. As seen above with Google and Apple, the platforms holding onto your data, such as Facebook, Twitter, LinkedIn, etc., are reticent to release it to just anybody. (And in this case, family and friends count as “just anybody”.)
In general, social media platforms have no interest in providing other people with the proverbial keys to the kingdom, even after a user has passed on. However, social media platforms do have protocol in place regarding deceased users and what can be done to their accounts. Their protocol tends to be stringent, as many platforms, such as Facebook and Twitter, have fallen victim to celebrity death hoaxes in the past.
Some social media platforms have policies in place allowing people who were close to a deceased user to make limited decisions about what happens to their account after they have passed on. These include things like Facebook and Instagram’s memorial accounts. For the most part, though, social media platforms simply lock or deactivate the deceased user’s account.
Setting Up a Facebook Memorial Account
Facebook’s policy regarding deceased users allows for deceased users’ accounts to be transformed into “memorial accounts.” The deceased user is not treated as an “active” user and does not appear on potential friends lists for other users and other public spaces, although anything the user shared remains in place. Friends and family of the deceased user can post on the wall of the deceased and share memories of them.
Nobody can log into the deceased user’s account or alter any information on their account. However, if the user had defined a legacy contact prior to their passing, the legacy contact is allowed limited access to moderate the memorial account, and can request to download a copy of the account. However, they will not have access to the user’s private messages or be able to add or remove friends.
Only the user themselves can designate a legacy contact. In your Facebook account settings, you can choose a legacy contact, arrange to have your account memorialized after your death, or request to have your account deleted after you pass on.
Instagram, which is owned by Facebook, has a similar policy, with memorial accounts of its own for deceased users. However, unlike Facebook, users cannot arrange to have their account memorialized before they pass on. Instead, a relative of the deceased user must contact Instagram and provide a copy of the user’s death certificate.
Deactivating a Deceased User’s Twitter Account
Unlike Facebook, Twitter has no options for “memorializing” deceased users’ accounts. But like Facebook, Twitter refuses to share login credentials for a deceased user’s account, so nobody can post on their behalf or read through their direct messages. Twitter will deactivate the account, which puts it in a queue for permanent deletion.
If you have login credentials to the deceased user’s account, you can simply deactivate their account just as easily as you would your own. If you do not know their credentials, though, you must go through Twitter Support. To request the deactivation of a deceased user’s account, you must fill out Twitter Support’s Privacy Form. To prevent abuse of this feature, Twitter requires you to provide information about yourself and the user. This includes a copy of their ID and your ID, and may include a Power of Attorney authorizing you to act on their behalf. If you meet these criteria, Twitter will honor your request to deactivate the deceased user’s account.
Removing LinkedIn Profiles for Deceased Users
Like any online account, nothing automatically happens to your LinkedIn account when you die. This can make it distressing for your loved ones, coworkers, or classmates if, after your death, LinkedIn serves up your profile to them in a “People You Might Want to Link To” email.
LinkedIn Help requires a friend or relative of the deceased to go through a rather involved process to close a LinkedIn profile for a deceased user. LinkedIn allows anybody to submit the form to remove the profile of a user who has passed on. However, since LinkedIn asks for you to state your relationship to the deceased, they will likely deny any request made by someone who is not close to the deceased.
Deactivating a Deceased Google User’s Account
You can request to have a deceased loved one’s Google account, including their Google+ page, Google Drive, Gmail inbox, and YouTube account, deleted by contacting Google Support. You will have to go through many of the same steps as you would when trying to access data stored on a loved one’s Google account as we discussed earlier. Google is more likely to honor a request to simply deactivate a deceased user’s account altogether than to release data from or provide access to the account. Understandably, deactivating a deceased user’s account is less of a breach of privacy than sharing their data.
Planning for the Future: Keeping Your Data Manageable and Accessible After Death
Losing a loved one is painful enough. We wish that dealing with the myriad things left behind in their absence were easier. Almost nobody likes thinking about mortality. Even fewer people relish the thought of dealing with everything their deceased loved one left behind.
You can ensure that dealing with your digital affairs when you pass on doesn’t put your loved ones through unnecessary layers of bureaucracy by creating a digital estate plan.
Estate planning is an important part of making sure everything goes smoothly after you’ve shed your mortal coil. Estate planning includes writing up a Last Will and Testament, financial or health care Power of Attorney, and other documents. In the modern age, what to do with all your digital remains has to be taken into consideration as well.
A digital estate plan is, as its name suggests, a plan for your digital estate—the online data and digital documentation and belongings you’ve accumulated over the years. Your digital estate encompasses everything from digital financial records to your online accounts. Keeping your digital accounts accessible after death is part of having a good digital estate plan.
Creating a Digital Estate Plan
A digital estate plan will help your family deal with whatever you leave behind when you pass on. This includes accessing and appropriately managing your online accounts, determining whether any of your digital property has any financial value that needs to be reported, and distributing and transferring any digital assets. A digital estate plan can even keep you and your family safe from “ghosting”, or identity theft of deceased persons.
Planning your digital estate involves tallying up all of your digital records and online accounts. This includes all of your data storage hardware in addition to your online accounts. Once you’ve made a list of your digital assets, you decide what should be done with each, just as you would with your physical assets.
However, while Wisconsin has laws in place regarding “digital asset custodians”, not all states have legislation regarding digital estate planning. And as a result, your digital executor may not be legally recognized. Despite the legal limbo, though, appointing a digital executor can still make dealing with your estate much easier. A digital estate plan is still of great use, even if you cannot formalize it in a legally binding document.
Using Password Management Tools to Manage Your Digital Estate
We here at Gillware recommend that you store your passwords in a safe, secure place. Common choices are a locked file cabinet or a safe or safety deposit box. Only your trusted loved ones should be able to access it in the event of your death. The easiest and most convenient way to do this is with a password manager, such as KeePass.
With KeePass, you can store a digital record of all your online and device passwords in a database file. This includes anything from email, social media accounts, and streaming and data storage accounts to your smartphone’s passcode. With your password credentials in hand, your loved ones can easily deal with the digital cruft that built up over the course of your life.
Of course, this allows your loved ones to see all of the data on your accounts. You may want to exercise prudence in what login credentials you make available to your heirs.
There are many options for you to choose from to make your password database file accessible only to the right people. To make sure your loved ones can get to the file itself, leave the database on a flash drive or burn it to a CD. The next step is ensuring that only the right people have the master password to unlock the database.
Whatever you do, proactively planning your digital estate can make things much easier on your loved ones once you’ve moved on.
Keep in mind that we here at Gillware are data recovery and IT experts, not probate law experts. To plan your digital estate, discuss the matter with your estate lawyer, just as you would to plan your physical estate.