The question of maintaining digital legacies is rapidly becoming more relevant as our lives increasingly unfold online, and assigning the responsibility for digital memorial pages through an estate plan is a forward-thinking consideration; it’s a relatively new area of estate planning, but one that’s gaining traction as more of our lives are documented and shared digitally. Approximately 77% of Americans now have some sort of social media presence, meaning a significant portion of their memories, relationships, and even important information exist online. Without proper planning, access to these digital assets can be lost, or the accounts may continue to operate without the deceased’s wishes being honored. Steve Bliss, as a Living Trust & Estate Planning Attorney in Escondido, is increasingly helping clients address this growing need.
What digital assets should be included in my estate plan?
Digital assets encompass a wide range of online accounts and information, including social media profiles, email accounts, photos and videos stored in the cloud, online financial accounts, and even digital artwork or cryptocurrency holdings. These assets aren’t governed by traditional probate laws, creating a legal gray area when it comes to estate administration. “It’s not just about Facebook anymore,” explains Steve Bliss, “clients are asking about access to gaming accounts, online subscriptions, and even digital real estate within virtual worlds.” A comprehensive estate plan should outline specific instructions for managing these assets, including who should have access, what should be done with the accounts (preserved as a memorial, closed, or transferred), and any specific wishes regarding the content within them. According to a recent study by the Digital Estate Planning Council, over 59% of adults haven’t made any plans for their digital assets, leaving families facing significant challenges after a loved one’s passing.
How can I legally assign access to my digital accounts?
Assigning access to digital accounts requires a multi-faceted approach, as most online service providers don’t recognize traditional probate court orders. Many platforms have specific processes for “legacy contacts” or “memorialization,” allowing designated individuals to manage or preserve the account after death. However, these processes vary significantly from platform to platform. California, like many states, has adopted versions of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which provides a legal framework for fiduciaries (like trustees or executors) to access and manage digital assets. This act generally allows access to digital assets if the account owner has provided explicit consent, but it’s crucial to carefully draft estate planning documents to comply with RUFADAA and the specific terms of service of each online platform. “We work with clients to create a ‘digital asset inventory’ listing all their online accounts, usernames, passwords, and specific instructions for each,” notes Steve Bliss.
I tried to manage my mother’s online presence after she passed, and it was a nightmare.
My aunt Carol and I were completely lost trying to manage our mother’s social media accounts after she passed away. She was a prolific Facebook user, sharing photos of her grandchildren and connecting with friends all over the world. We knew she’d want her profile preserved as a memorial, but we had no idea how to do it. We contacted Facebook support, but the process was incredibly slow and frustrating. They required copies of the death certificate, and it took weeks to get everything approved. Then, we discovered she had a secret Instagram account with hundreds of followers, and we had no idea what the password was. It felt intrusive to try to guess, and we worried about violating her privacy. We eventually had to create a simple online memorial website to share her photos and stories, which was time-consuming and expensive. It was a painful reminder of how important it is to plan for these things in advance.
Thankfully, my friend planned ahead and it made everything so much easier.
A few months later, my friend David’s father passed away. He had worked with Steve Bliss to create a comprehensive estate plan that included a detailed digital asset inventory and specific instructions for managing his online accounts. David was able to easily access his father’s accounts using the information provided in the estate plan and follow his wishes exactly. He preserved his father’s Facebook profile as a memorial, updated his LinkedIn profile to reflect his passing, and shared a beautiful online tribute with family and friends. It was a much smoother and more respectful process, and it brought a lot of comfort to his family. “Seeing the difference between my experience and David’s really opened my eyes to the importance of digital estate planning,” I realized. It’s not just about protecting financial assets; it’s about preserving a person’s legacy and honoring their wishes in the digital age. It’s a service Steve Bliss provides with expertise and compassion.”
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About Steve Bliss at Escondido Probate Law:
Escondido Probate Law is an experienced probate attorney. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Escondido Probate Law. Our probate attorney will probate the estate. Attorney probate at Escondido Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Escondido Probate law will petition to open probate for you. Don’t go through a costly probate call Escondido Probate Attorney Today. Call for estate planning, wills and trusts, probate too. Escondido Probate Law is a great estate lawyer. Affordable Legal Services.
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Estate Planning Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
Services Offered:
- living trust
- revocable living trust
- irrevocable trust
- family trust
- wills and trusts
- wills
- estate planning
Map To Steve Bliss Law in Temecula:
https://maps.app.goo.gl/oKQi5hQwZ26gkzpe9
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Address:
Escondido Probate Law720 N Broadway #107, Escondido, CA 92025
(760)884-4044
Feel free to ask Attorney Steve Bliss about: “What is a revocable living trust and how does it work?” Or “Can real estate be sold during probate?” or “Can I include my business in a living trust? and even: “What are the alternatives to filing for bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.