WEALTH INSIGHTS
Financial Planning Insights
5 minute read time
As the legendary inventor and infomercial icon Ron Popeil once said, “Set it and forget it.” While that philosophy might be perfect for rotisserie chicken, it’s not ideal for estate planning, especially when it comes to your digital assets. Taking a moment to revisit and update your documents can make all the difference.
The good news? A few minutes now can save your family months of confusion later. Let's walk through it.
A digital estate plan is a strategy for organizing and managing your digital assets like email accounts, social media profiles, online banking, digital currencies and even home utilities to ensure your loved ones can access and handle them after you pass.
Here's an example that plays out more often than you'd expect. A man in Pennsylvania built up several hundred thousand dollars in cryptocurrency. He kept it in a secure wallet behind a private key known only to him. He passed away unexpectedly.
His family had nothing to work with. No record of the key. No instructions. No mention of the holdings anywhere in his will. They hired digital forensics specialists and contacted the wallet provider. Neither could help, so his wealth will not transfer to the people that matter most to him.
Digital assets get lost in plenty of other ways, too:
Hunting down these digital assets adds extra stress to your family members on an already difficult time. And sometimes these assets aren’t recoverable — unless you have them written into your estate plan.
The Wisconsin Digital Property Act lets you authorize a fiduciary, a personal representative, a trustee or an agent under a power of attorney, to access your digital property. It also sets out how providers must respond and what a fiduciary is permitted to do.
Here is the part that most people miss: Without your affirmative authorization, your fiduciary can obtain only a catalog of your electronic communications (a log showing who you corresponded with and when). To give them access to the actual content, the subject lines and the body of your messages, you must affirmatively consent in your estate planning documents.
Let’s run through how to build a digital estate plan so you can pass down your wealth, memories and assets to your loved ones.
Start by listing all your digital assets and how you access them.
This includes:
Use a password manager with an emergency access feature, an encrypted file or a physical copy in a fireproof safe. Then tell your executor which one you chose and how to get in.
Pro Tip: Never put passwords or private keys in your will. A will becomes a public record once it enters probate.
A digital executor is someone you designate to manage your digital assets according to your instructions. Choose someone trustworthy and tech-savvy who understands the complexity of your digital footprint and have a candid conversation with them to confirm they're willing to take on the role. It doesn't have to be the same person handling the rest of your estate.
Providers offer built-in settings (legacy contacts, inactive-account managers, etc.) that work faster than any court process. Use them. They're free, they take five minutes and they're often the most effective thing you can do.
Decide what happens to each account — delete, memorialize, transfer or archive — and document those wishes clearly. Work with your estate planning attorney to formally appoint your digital executor in your will or trust and make sure your instructions are legally binding and up to date.
A quick example: Take a Facebook account. You have two main options.
Most other major platforms offer similar choices. The specifics vary, so check the settings on the accounts that matter most to you.
Digital assets aren't always top of mind and that's precisely why they get lost. By proactively planning for your digital legacy, you're not just protecting your online presence. You're easing the burden on your loved ones and preserving the integrity of your broader financial and estate strategy. Digital estate planning isn't a luxury. In today's world, it's a necessity.
To learn more about how you can protect your legacy and digital assets, connect with your Johnson Financial Group advisor or find one today.
It is a documented plan covering your online accounts and digital property: What you own, how to access it, who has authority to manage it and what you want done with each item. It works alongside your will and trust rather than replacing them.
It's tempting but don't plan around it. Logging in as someone else can violate a provider's terms of service and may raise issues under federal computer access laws, even when the intent is completely innocent. Formal authority through your documents and the platform tools protects your executor from a problem they should never have to face.
Usually not in a way that gets results. Many wills predate Chapter 711 or use generic language that fails the affirmative-consent standard for message content. Ask your attorney specifically whether your documents authorize access to the content of electronic communications, not just the catalog.
Someone you trust completely who is also comfortable navigating online account recovery. It does not have to be the same person handling the rest of your estate. Many families name an adult child for the digital side and a spouse or professional fiduciary for everything else.
Your family negotiates with each provider individually, under each provider's own rules, while grieving. Some accounts get resolved in weeks. Some take a court order. Some, like a self-custodied crypto wallet, close permanently the moment the key is lost.
Review it once a year and after any major change like a new account, new device, marriage, divorce or death in the family. Calendar it alongside your annual financial review so it stays up to date.
WEALTH INSIGHTS
WEALTH INSIGHTS
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