Key Takeaways on Updating Your Estate Plan Regularly reviewing and updating your estate plan is…
Managing a Loved One’s Digital Footprint After They Pass Away
Most adults rarely create wills, let alone estate plans that cover their online profiles. As your digital presence grows—both professionally and personally—taking control of your digital assets and planning for them after death becomes increasingly important. Social media platforms like Facebook, Instagram, and Twitter allow users to nominate someone to manage their accounts posthumously. However, without an estate plan, many digital assets remain active until loved ones manually close the accounts.
What is a Digital Footprint?
A digital footprint is the trail of data created by your online activities. This includes information you share, create, or that is collected about you. Examples include:
- Email Addresses – Personal and work-related emails
- Social Media – Posts, likes, comments, messages on platforms like Facebook, Twitter, Instagram, LinkedIn, and more
- Communication Apps – WhatsApp, Skype, Slack, WeChat
- Websites and Blogs – Personal or business sites and domain names
- Financial Services – Bank accounts, retirement funds, cryptocurrency wallets, PayPal, Venmo
- Online Shopping – Amazon, Etsy, eBay, Craigslist
- Search Data – Search terms, visited sites, and browsing time
- Online Profiles – Dating sites, listserv memberships
- Health Records – Online medical and insurance accounts
- Entertainment – Netflix, YouTube, Hulu, Spotify
- Travel – Airline, rental car apps, Airbnb, Uber
- Geolocation Data – GPS, WiFi, and cell tower location information
Types of Digital Assets and Recommended Actions
| Digital Asset Type | Examples | Recommended Action |
|---|---|---|
| Email Accounts | Gmail, Outlook, Yahoo | Secure access info; decide on deletion or memorialization |
| Social Media | Facebook, Instagram, Twitter, LinkedIn | Nominate legacy contacts; backup photos and messages |
| Financial Services | Bank accounts, PayPal, cryptocurrency wallets | Ensure passwords are stored securely; plan for transfer or closure |
| Entertainment | Netflix, Spotify, YouTube subscriptions | Decide on account cancellation or transfer of access |
| Websites and Blogs | Personal/business websites, domain names | Plan for domain transfer; preserve valuable content |
| Health & Medical | Online medical portals, insurance accounts | Keep access secure; inform healthcare providers as necessary |
Where to Start Without an Estate Plan?
Handling a loved one’s digital footprint after their death can be emotional and complex. The first step is to identify all online accounts by gathering usernames, passwords, and other access information. This may require reviewing their devices, emails, and documents.
Once identified, contact the service providers for each account to notify them of the death. Providers typically require a death certificate or legal documents to close or transfer accounts.
Managing and Protecting Digital Accounts
Depending on terms of service, accounts may be closed, deleted, or transferred to beneficiaries. Some platforms offer memorialization options to preserve content for family and friends.
If digital assets like photos, videos, or documents exist, consider backing them up securely to prevent loss and allow loved ones to preserve memories.
How Estate Planning Attorneys Can Help with Digital Assets
Securing and managing digital assets can be overwhelming. Estate planning attorneys provide expert guidance on privacy, intellectual property, and cybersecurity laws, helping families navigate potential disputes and complexities.
- Inventory Digital Assets – Attorneys help identify and list digital assets accurately.
- Clarify Ownership and Access – Legal professionals determine who owns assets and guide access under laws and service agreements.
- Plan for Digital Asset Distribution – Lawyers assist in creating trusts or designating beneficiaries for digital assets, specifying which assets to preserve or delete.
- Work with Service Providers – Attorneys liaise with providers to transfer ownership or close accounts and obtain valuable digital content.
Having a digital estate plan can also protect against post-mortem identity theft and ease the burden on surviving family members.
Communicating Your Wishes About Digital Assets
Deciding what to do with digital assets can be difficult for families without clear instructions. Some may want to preserve memories, while others prefer to close accounts to protect privacy.
Many individuals may lack the technical skills to manage digital accounts, which can complicate the process for loved ones.
Engaging an estate planning attorney specializing in digital assets simplifies managing online estates, reduces overlooked assets, and provides peace of mind. Contact our Sherwood or Searcy office at 501-834-2070 today to schedule a consultation.
We hope you found this article helpful. If you’d like to discuss your particular situation, please contact our Sherwood or Searcy office at 501-834-2070 to schedule a consultation. We look forward to the opportunity to work with you.
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