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Consideration When Dealing with Digital Assets
Consideration When Dealing with Digital Assets

Dealing with digital assets as an executor of an estate involves specific steps to ensure these assets are managed appropriately and securely.

Updated over 4 months ago

Here’s a comprehensive guide to help you handle social media accounts, email, online file and photo storage, and other digital assets:

1. Inventory Digital Assets

  • Identify Accounts: Make a list of all known digital assets, including social media accounts (Facebook, Twitter, Instagram, LinkedIn), email accounts, online file storage (Google Drive, Dropbox), photo storage (iCloud, Flickr), and any other online services or subscriptions.

  • Locate Access Information: Look for usernames, passwords, and security questions in the deceased’s records. Check password managers, digital notes, or physical documents where this information might be stored.

2. Access and Manage Digital Accounts

  • Check the Will or Trust: Determine if the deceased left instructions regarding their digital assets. Some wills or trusts specify how to handle digital accounts and who should have access.

  • Consult State Laws: Some states have enacted laws (such as the Revised Uniform Fiduciary Access to Digital Assets Act) that govern how executors can access digital assets. Familiarize yourself with the applicable laws in your state.

3. Secure Digital Accounts

  • Change Passwords: For accounts you can access, change the passwords to prevent unauthorized access.

  • Enable Two-Factor Authentication (2FA): If possible, enable 2FA for added security.

  • Notify Service Providers: Contact the service providers of digital accounts to inform them of the account holder's death and seek guidance on how to proceed.

4. Specific Actions for Common Digital Assets

Social Media Accounts

  • Facebook:

    • Memorialization: Request to memorialize the account so it can remain as a tribute.

    • Deletion: Request the removal of the account if preferred.

  • Twitter:

    • Contact Twitter with the necessary documentation (death certificate, ID) to deactivate the account.

  • Instagram:

    • Memorialization: Request to memorialize the account.

    • Deletion: Request account removal.

  • LinkedIn:

Email Accounts

  • Gmail:

    • Provide Google with the necessary documentation to access the account or request its deletion.

  • Yahoo:

    • Contact Yahoo support to request account closure with appropriate documentation.

Online File and Photo Storage

  • Google Drive and Photos:

    • Access via the deceased’s Google account. Follow the same procedure as Gmail if you need to access or delete these accounts.

  • Dropbox:

5. Handle Subscriptions and Online Services

  • Cancel Subscriptions: Identify and cancel any subscriptions or online services (e.g., Netflix, Amazon Prime, Spotify).

  • Close or Transfer Accounts: Follow each service’s procedure to close or transfer accounts.

6. Download and Preserve Important Data

  • Backup Data: Download and save important files, emails, and photos that may have sentimental or legal value.

  • Preserve for Beneficiaries: Ensure that any digital assets with value or sentimental significance are preserved for beneficiaries.

7. Maintain Documentation

  • Keep Records: Document all actions taken regarding digital assets, including communications with service providers and any changes made to account settings.

  • Secure Data: Store any downloaded data securely, using encrypted storage if necessary, to protect against unauthorized access.

8. Seek Professional Help

  • Legal Advice: Consult an attorney if you encounter legal challenges or need advice on handling digital assets.

  • Technical Assistance: Consider hiring a digital estate specialist or IT professional if you need help accessing or managing digital accounts.

By following these steps, you can ensure that digital assets are handled properly, respecting the deceased’s wishes and providing for the needs of the beneficiaries.

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