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Why you most likely need a digital will

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By Jim Miller
Posted on July 18, 2024

Dear Savvy Senior, 

My wife and I had our estate plan — including a will, power of attorney and advance directive — drawn up about 10 years ago, but recently read that our plan should include a digital will too. What can you tell us about this? 

—Almost 80 

Dear Almost, 

If you or your wife spend much time online, adding to your estate plan a separate digital will — which provides a list of your digital assets — would be extremely helpful to your loved ones when you die. It will also help protect your privacy.  

Here’s what you should know:  

What are digital assets? 

The term “digital assets” refers to personal information that is stored electronically on either a computer or an online “cloud server” account that belongs to an individual.  

Anyone who uses email, has PIN code protection on their cell phone, makes online purchases, or pays bills online owns digital assets. 

Digital assets generally require a username, a password or a PIN to access. Therefore, they can be difficult — and frequently impossible — to retrieve information from if someone becomes incapacitated or passes away without having supplied that information to a family member or a close friend in advance.  

Creating a digital will (also known as a digital estate plan) will help your loved ones access your electronic devices and online accounts more easily so they can manage your electronic affairs according to your wishes after you’re gone.  

This in turn will also protect your digital assets from hackers or fraud, which can happen to dormant accounts after you die. 

How to write a digital will 

Your first step in creating a digital will is to make a list of all your digital assets, including everything from hardware to email accounts. Here are a few categories to help kick-start your list: 

  • Electronic devices (computer, smartphone, tablet, external hard drive)
  • Digital files (for photos, videos or documents)
  • Financial accounts (like bank and brokerage accounts, credit cards, cryptocurrency)
  • Bill-paying accounts (utilities, mortgage accounts)
  • Social media accounts (Facebook, Instagram, Twitter, LinkedIn)
  • Email accounts (Gmail, Yahoo, Outlook)
  • Cloud-storage accounts (like Google Cloud, iCloud, Dropbox, Microsoft OneDrive)
  • Movie or music-streaming services (Netflix, Hulu, Spotify, Apple Music) 
  • Online payment accounts (like Venmo or PayPal)
  • Subscription services (magazines, newspapers, Amazon Prime)
  • Reward programs (airlines, hotels, stores)
  • Membership organizations (AARP, AAA)

When making your list, you’ll need to include usernames, passwords, PINS, account numbers, and answers to security questions (if any) for accessing each account.  

Also, provide instructions on how you want your assets managed after your death. For example:  

Which accounts do you want closed, archived or transferred?  

Do you want specific files or photos to be deleted — or shared with loved ones?  

Do you want your social media profiles memorialized (maintained in the state they were when you last used them) — or deleted forever?  

Be clear and specific about your wishes in each case. You’ll also need to appoint a digital executor that you trust to carry out your wishes after you die. 

From a legal perspective, you should know that most states have enacted the Revised Uniform Fiduciary Access to Digital Assets Act, which legally recognizes digital estates. This law gives your personal representative or executor legally-protected access to your online accounts.  

Once your digital will is written, store it with your other estate plan documents, either in a fireproof safe or file cabinet at home, on your computer hard drive, with your estate planning attorney, or online at a reputable digital estate planning service like Everplans.com or Clocr.com.  

But make sure your executor knows the location or locations where it is and has access to it.  

Also remember to update your digital will whenever you create any new digital accounts or change passwords.

Send your senior questions to: Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit SavvySenior.org. Jim Miller is a contributor to the NBC Today show and author of The Savvy Senior.

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