Properly planning your estate and trust is essential to ensuring your assets for your loved ones. Most people consider financial accounts, real properties, and personal properties when funding their trusts but in a world where everything is digitalized, have you thought about your digital assets? What happens to your social media accounts when you’re no longer there to manage them? What about your email account or anything valuable stored on your devices such as photos and contacts? These are sentimental factors that you may want to consider providing for your family. If you work in the social media space as an influencer or simply rely on it heavily for your job, it is even more critical to have a plan set up for your digital accounts.
In California, the Revised Uniform Fiduciary Access to Digital Assets Act allows a fiduciary to manage digital assets according to guidelines set out by the decedent. Legal authority can be given to fiduciaries including executors, trustees, conservators and agents named in a power of attorney. To gain access after a person’s death, fiduciaries typically must provide both a death certificate and a court order. However, this process can be lengthy and emotionally burdensome during an already difficult time.
To simplify matters, several major platforms, such as Apple, Google, Facebook, and Instagram, offer users the option to designate a legacy contact. A legacy contact is someone chosen to manage aspects of your account after your passing. Social media platforms may also “memorialize” accounts, allowing the legacy contact limited access to manage content while safeguarding private data, including messages and archived material.
Below, you can click on the links for specifics on how to set up a legacy contact and limitations.
Apple: Protecting Your Digital Legacy: Apple
Google: Protecting Your Digital Legacy: Google
Facebook: Protecting Your Digital Legacy: Facebook
Instagram: Protecting Your Digital Legacy: Instagram
In addition to setting up legacy accounts through these platforms, it is also crucial to include your intention with these digital assets in your Living Trust.
To incorporate these important provisions into your Estate Planning documents, please contact Stephens Law Group at jes@jackstephens or call (858) 792-0909 for an appointment.
Blessings,
Jack E. Stephens, J.D., LL.M