Digital assets are now a common part of most estates. We all have digital assets, whether we really think about it or not. They can be simple things like your email inbox, social media accounts, or even the subscriptions you have. Some may be more valuable, such as cryptocurrency or online banking accounts. How these pass after you die and what you must do to protect them is complicated. It mixes state and federal laws in critical ways, so it is important to have an experienced attorney ready to help.
The experienced estate planning lawyers at Brune Law Firm know how to properly handle your digital assets to protect them under Oklahoma and federal law. Let us guide your decision and craft an estate plan that works for you.
What Counts as a Digital Asset?
Digital assets include any electronic record, file, or account a person owns or controls. Common examples include:
- Email accounts
- Social media profiles
- Online banking accounts
- Investment accounts
- Cryptocurrency
- Digital wallets
- Cloud storage files and photos
- Websites, blogs, and domain names
- Online business accounts
- Digital subscriptions
- Online memberships
- Stored media such as eBooks, music, and videos
Some digital assets have financial value, while others hold significant sentimental or personal value. Both categories matter during estate administration.
What Legally Happens to Digital Assets After Death?
Your digital assets are part of your estate, just like your other assets. Accessing them though can be difficult after you pass, unless you plan ahead of time. Your beneficiaries need access to those assets, and your rights to privacy must be protected under applicable state and federal laws.
Most states, including Oklahoma, follow a version of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This means that unless someone gives clear, written consent, even a legally appointed executor may not be able to read emails, open social media messages, or access certain accounts.
What Happens to My Online Accounts After Death?
Every digital platform or website has their own rules. For example, Facebook users may struggle to close a deceased person’s account if they don’t have the credentials. Companies like Google use an Inactive Account Manager Tool. Banks and investment companies often need very specific legal documents before they grant someone else access to them.
Cryptocurrency can be even trickier. If you fail to safely pass on your recovery phrases or private keys, your crypto could be permanently inaccessible.
What Happens When There Is No Digital Estate Plan?
If someone dies without documenting their digital assets or granting access permissions, the process becomes more complicated. Loved ones or executors may need to:
- Identify all online accounts
- Contact each platform individually
- Provide death certificates and legal documents
- Request account closure or limited access
- Navigate strict privacy and security rules
Why Digital Estate Planning Matters
A digital estate plan ensures that your online life is handled according to your wishes. It can:
- Prevent loss of valuable digital property
- Reduce stress and confusion for loved ones
- Ensure sentimental items like photos and videos are preserved
- Protect sensitive information from exposure
- Allow your executor to efficiently settle your estate
Without a plan, families often face delays, legal hurdles, and the risk of losing important digital records forever.
How to Protect Your Digital Assets
A comprehensive digital estate plan typically includes:
1. A Digital Asset Inventory
List all accounts, devices, and digital property. Include instructions on where login credentials are stored—but never put passwords directly in your will.
2. Written Authorization
Use estate planning documents to grant your executor legal authority to access and manage your digital assets under applicable law.
3. Platform Tools
Enable legacy contact or inactive account features on platforms that offer them.
4. Secure Storage of Access Information
Store passwords, recovery keys, and two-factor authentication methods in a secure location, such as a password manager or encrypted file.
5. Clear Instructions
Specify whether accounts should be deleted, memorialized, transferred, or archived.
Speak with an Oklahoma Digital Asset Attorney Today
Getting a professional to help you manage your digital assets and pass them correctly is critical. These unique assets require a special touch and the experience of a dedicated digital asset attorney.
Let the experienced lawyers at Brune Law Firm work with you to create a customized plan for your digital assets. Contact us today for a consultation.