by Susan M. Graham, Certified Elder Law Attorney[1]
I’m overwhelmed by digital assets. I find it hard to keep track of these assets such as Google, Apple, Facebook, Microsoft, and the list goes on.
What happens to your digital accounts, such as e-mails, photos and records when you die? Will they be lost? Who has the right to retrieve them?
Keeping track of who is the owner of a house, bank or retirement account is easy. Look to see who is the “titled owner” on the account and that individual is the one who has the power to handle the assets while alive and competent. The best estate plans also arrange who can deal with that titled asset when the owner is mentally or physically not able to take care of business or when the owner dies.
But who can access your digital assets when you can’t due to Illness or death? These accounts are governed by licensing agreements that we all check and agree and never read when we sign up. The agreements include privacy protection.
Estate planning has multiple parts. One, identify who will receive your assets after you die. Two, who can make decisions for you when you can’t due to illness or death. Three, helping those you identify to take care of your affairs in case of incapacity of death have the legal authority to do the work required to carry out your wishes.
The “Digital Legacy Planning – Your To-Do List” provides steps to take to make it possible for your trusted agents to access your Digital Assets.
I encourage you to do the work to protect your digital assets NOW. If you fail to take these steps, it is likely this information will be lost and never available to your loved ones.
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