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In today’s digital era, our online presence holds significant value, both emotionally and financially. From cherished family photos stored in the cloud to investments in cryptocurrencies, digital assets have become an integral part of our lives. However, many estate plans fail to address these intangible possessions. For residents of North Carolina, it’s crucial to ensure that digital assets are included in estate planning to protect your legacy and provide peace of mind for your loved ones.

Understanding Digital Assets

Digital assets encompass a wide range of items, including:

  • Online accounts: Email, social media profiles, and subscription services.
  • Financial assets: Cryptocurrencies, online bank accounts, and investment portfolios.
  • Intellectual property: Blogs, digital artworks, and online publications.
  • Stored data: Photos, videos, and documents saved on cloud services or personal devices.

These assets often require passwords or encryption keys for access, making it essential to plan for their management after your passing.

The Importance of Including Digital Assets in Your Estate Plan

Neglecting digital assets can lead to:

  • Loss of valuable information: Family memories or important documents may become inaccessible.
  • Financial complications: Unclaimed cryptocurrencies or online funds might be lost forever.
  • Identity theft risks: Inactive accounts can be vulnerable to hackers.

By proactively including digital assets in your estate plan, you safeguard against these issues and ensure that your wishes are honored.

Legal Framework in North Carolina

North Carolina has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law allows individuals to grant fiduciaries access to their digital assets while respecting privacy concerns. It’s important to understand how RUFADAA affects the management of your digital estate to ensure compliance and effectiveness.

Steps to Incorporate Digital Assets into Your Estate Plan

1. Create an Inventory of Digital Assets

Begin by listing all digital assets, including:

  • Account usernames and associated email addresses.
  • Types of assets (e.g., social media, financial accounts).
  • Instructions for handling each asset.

Note: For security reasons, avoid including passwords in the estate planning documents themselves. Instead, consider using a secure password manager and providing access instructions to a trusted individual.

2. Appoint a Digital Executor

A digital executor is responsible for managing your digital assets according to your wishes. This person can be the same as your estate executor or someone with specific technical expertise. Ensure that your estate planning documents clearly outline the digital executor’s responsibilities.

3. Update Legal Documents

Work with an estate planning attorney to:

  • Include specific provisions for digital assets in your will or trust.
  • Grant explicit consent for fiduciaries to access and manage digital assets under RUFADAA.
  • Address privacy concerns by specifying which assets can be transferred and which should remain confidential or be deleted.

4. Review Service Providers’ Policies

Each online service may have its own policies regarding account access after death. For example:

  • Facebook allows for memorialization or deletion of an account.
  • Google offers an Inactive Account Manager to designate account access.

Understanding these policies helps in providing accurate instructions in your estate plan.

Managing Cryptocurrencies and Online Financial Accounts

Cryptocurrencies require special attention due to their decentralized nature. To ensure they are accessible:

  • Securely store private keys and seed phrases.
  • Provide detailed instructions for accessing digital wallets.
  • Consult with professionals experienced in handling digital currencies within estate plans.

Addressing Social Media and Email Accounts

Decide how you want your online presence handled:

  • Memorialize or delete social media profiles.
  • Grant access to important emails that may contain valuable information.
  • Provide guidelines for sharing or preserving digital content with family members.

Privacy and Security Considerations

Balancing accessibility with security is vital:

  • Avoid listing sensitive information in documents that could become public.
  • Use secure methods to store and transmit access details.
  • Regularly update your inventory and passwords to maintain accuracy.

Common Mistakes to Avoid

  • Overlooking digital assets entirely: Failing to include them can lead to complications.
  • Sharing passwords insecurely: This poses significant security risks.
  • Ignoring service agreements: Violating terms of service can result in account termination.

Keeping Your Estate Plan Current

Technology evolves rapidly, and so does your digital footprint. To keep your estate plan effective:

  • Review and update your digital asset inventory annually.
  • Stay informed about changes in laws and service provider policies.
  • Communicate any updates to your digital executor and attorney.

Conclusion

Incorporating digital assets into your estate plan is essential for a comprehensive approach to legacy planning. By taking these steps, North Carolina residents can ensure that their digital and physical assets are managed according to their wishes, providing clarity and security for their loved ones.

Frequently Asked Questions

Q: Can I include my digital assets in a standard will, or do I need a separate document?

A: You can include provisions for digital assets in your standard will, but it’s often advisable to use a separate document or addendum for detailed instructions. This approach keeps sensitive information secure and allows for easier updates.

Q: What happens to my online accounts if I don’t include them in my estate plan?

A: Without explicit instructions, your digital assets may remain inaccessible or be handled according to the service provider’s default policies, which may not align with your wishes.

Q: Is my digital executor legally allowed to access my accounts under federal law?

A: RUFADAA provides a legal framework in North Carolina, but federal laws like the Computer Fraud and Abuse Act may impose limitations. Granting explicit consent in your estate plan helps navigate these legal complexities.


By thoughtfully integrating digital assets into your estate plan, you protect your digital legacy and ease the burden on those you leave behind. Consider consulting with a qualified attorney to ensure that every aspect of your estate is handled with care and precision.

Disclosure: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. Laws and regulations regarding estate planning and digital assets vary by state and are subject to change. Readers are encouraged to consult with a qualified estate planning attorney in North Carolina to obtain advice tailored to their specific circumstances. No attorney-client relationship is formed by reading this content. The author and publisher disclaim any liability for any loss or damage incurred as a result of the use of this information.