Many people choose to plan for their eventual passing by executing an estate plan through a will or living trust. Whether you have made such arrangements or not, it is important that you consider what to do with your “digital estate” upon your passing. It is no longer a matter of simply choosing who gets the house, the car(s), the bank account(s), and your pets.
Every day, we acquire more intangible assets. Who, if anybody, do you want to inherit your family pictures or your collection of electronic books, movies, and music? Do you want someone to continue your blog? Do you want your heirs to be able to access your email and or Facebook accounts? Do you have private correspondence on your computer that you do not wish anyone to read or wish that only a certain person or persons read? Where do you have all your passwords written down? These and similar questions are only going to become more important as people continue to rely more and more upon iPhones, iPads, and computers to conduct business, keep organized, socialize, and maintain family relationships. Wills and trust instruments are very versatile and customizable documents and the questions above may be answered by including specific provisions to address them.For a further and more thorough discussion of this topic, see Dennis Kennedy, “Of Sound Mind: Make Plans for your Digital Estate,” ABA Journal (Aug. 1, 2012).