Spooky Season Series: The Disappearing Digital Assets
This week in our Spooky Season Series we talk digital assets that disappear into the digital ether. What happens to your digital life (emails, photos, crypto, and even your social media accounts) if something happens to you? Without a plan, your digital assets might just *poof* vanish. Let’s explore what digital assets are, why they matter, and how to keep them from disappearing if something happens to you.
What Are Digital Assets?
Digital assets are anything of value stored electronically and chances are, you have more than you think. They can include:
Photos and videos stored in the cloud
Cryptocurrency wallets and NFTs
Email accounts (with sensitive or important data)
Online banking, investment, or PayPal accounts
Social media accounts (Instagram, Facebook, X, TikTok)
Cloud storage (Google Drive, iCloud, Dropbox)
Online storefronts or monetized content (Etsy, Shopify, YouTube)
Digital assets may not be physical like jewelry or property, but they can hold financial, sentimental, or legal value. If you die or become incapacitated and no one can access your digital assets… they may just disappear.
The Danger of “Digital Disappearance”
If you don’t leave a plan, your loved ones may be left with:
Locked-out accounts they can’t access
Lost cryptocurrency with no recovery key
Unclaimed funds or photos stuck behind digital walls that disappear after a certain period of time
Years of digital memories gone forever
To make it worse, privacy laws and Terms of Service agreements often prevent families from accessing accounts even if their loved ones are gone. Which means your spouse or children might need a court order just to get into your Google Photos, Gmail or iCloud. And if they don’t get a court order within a certain period of time, the digital assets may get deleted.
How to Keep Your Digital Assets from Disappearing?
Here’s how to keep your digital life from becoming a horror story for your loved ones:
1. Make a Digital Asset Inventory
List all your digital accounts and assets, including:
URLs and usernames
Backup codes or two-factor authentication methods
Wallet keys (for crypto)
Instructions on what you want done with each
Do not keep your passwords with all of your accounts!
Make sure the inventory is kept in a safe and secure place like a safe where someone will think to check if something happens to you.
2. Include Digital Assets in Your Estate Plan
Make sure your will, trust, or power of attorney includes:
Permission for someone to access your digital assets and
Specific instructions on what to do with each account (delete, memorialize, transfer, etc.)
Without legal permission, even the best list might be useless. You need to empower someone with authority.
3. Use Built-In Tools
Many major platforms now allow you to set up legacy access. Below is a list of the common built-in tools.
Google – Inactive Account Manager
Apple/iCloud – Legacy Contact feature
Facebook – Memorialization settings
Instagram – Account memorialization or deletion
Your loved ones will thank you. Your digital assets are just as real as physical ones (and sometimes even more valuable). Don’t let them vanish into the digital void. Create a digital estate plan. It’s one way to keep your memory alive without making your loved ones dig through cobwebs of forgotten passwords and legal red tape.
Sincerely,
Silvia A. Brett, Esq.
Silvia Brett is an attorney who handles Estate Planning and Probate throughout the state of Florida and Florida Supreme Court Certified Circuit Civil Mediator based in St. Petersburg, FL. Click here for more information.
Disclaimer: The information provided on this blog is for general informational purposes only and is not intended to be legal advice. The content may not reflect the most current legal developments, and it is not guaranteed to be complete or up-to-date. The information on this blog should not be taken as legal advice for any specific case or situation. You should not act or refrain from acting based on any content included in this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in your jurisdiction. The author expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this blog. If you have any questions about your legal rights or obligations, you should consult an attorney.
