Can I Control My Digital Life After I Die With My Estate Plan?

Many of us have a far more extensive digital footprint than we realize. Even if we’re not active on social media, which can involve multiple platforms, we are logged into banks, medical portals, and streaming services. If you’re single, you may have various active dating profiles. Are you counting yet? Good, now I’ve got you thinking. Now think about this: What will happen to your digital life once you pass away? 

Some of it you’d probably like to go away, and some of it should go away, especially given the propensity of fraudsters to seek out new deaths to steal people’s identities. Far less sinister, however, is whether someone you trust would be able to access these accounts to either close them or maintain them in memoriam. With this in mind, if you haven’t made arrangements in your will for managing your digital life after you pass away, today’s the day to start thinking about it. Here are a few tips for how to get started. 

Make a List of All Your Digital Accounts for Your Estate Plan

As mentioned above, most of us don’t realize how many accounts we’ve started or use. That shower curtain you ordered on Amazon last week required you to have an account, replete with your address and a payment method (or five). In the wrong hands, that account could be used for nefarious purposes. So take a week or two, not just an hour, to keep a running list of the accounts you use daily, and ones you may not think of that occur to you as you go through this exercise. 

As you remember accounts you may not have used in a while, try to log in. Do you know your login and password? If you don’t, take the time to retrieve it (you may have to change it) and record it on a spreadsheet or notepad by hand. If you are marginally tech-savvy, there are also management tools for storing logins and passwords that are both safe and convenient. Such tools can help with organization and recall. However, its efficacy will only be as good as you are in keeping it up to date.

If you aren’t using a particular account you deem insignificant (not a credit card, a discussion for another day, since closing them can negatively impact credit scores), close it. The fewer accounts you have floating around, the better, not just for you in the event of death, but also in life. Think of it like Swedish death cleaning, but instead of cleaning out your house, you’re cleaning up your digital footprint. 

Consider for Your Estate Plan Who You Would Want to Control Your Digital Accounts After You’re Gone

Logically, you will want to choose someone trustworthy. Beyond that, you will want to make sure that the person you select is computer savvy as well as patient. 

Even if they have your logins and passwords, using them may be prohibited according to a particular platform’s terms of use, as well as the jurisdiction in which they’re located. Despite being able to access a platform, they may need to fill out a form so that their account is permanently removed from the site or labeled as “Remembering,” which is what Meta (formerly Facebook) does. 

Meta, in particular, allows users to create a legacy contact should an account owner pass away, enabling the account to be memorialized. Taking these steps should also expedite the process for managing identity theft if the account is hacked. LinkedIn, Google, and Apple, too, have distinct policies, as do the other platforms you may use. 

The point to note here is that platforms may handle the account of a deceased user differently. But regardless of their options, policies, and procedures, one detail remains clear: The company will want to know the account owner’s intention for their account upon death. 

Speak to the Person You Intend to Have Control of Your Digital Life After Death in Your Estate Plan

Effective estate planning relies heavily on clear communication. Just as you would speak with the individuals you are considering to fill specific estate planning roles, such as executor(s), financial and health care powers of attorney, trustees, and guardians, you will also want to speak with the person you choose to manage your digital affairs before assigning them the role. 

Not everyone will want the job, as it can be time-consuming and irritating. It can also be upsetting emotionally for someone to take on such a role. You should also consider whether you want this person to be the same as the person you appoint as your financial power of attorney, as the roles can be closely aligned, or if you prefer to choose someone different. If you go the latter route, you should think about whether these two people will work well together so that bad blood doesn’t hold up settling your estate. 

Work With a Seattle Estate Planning Lawyer to Protect Your Digital Life After You Die

It’s one thing to plan, another to execute your plans. That’s where a Washington estate planning attorney comes in. With the preparation you’ve done in hand, experienced counsel can begin advising you how to map out your digital life, including what you want to preserve, what you want to delete, and who you want to oversee the process.

Once you’ve established a plan, your lawyer will include any instructions you have in your will. If you are finding it challenging to get organized, that’s OK, too. Your estate planning lawyer can help get you on track and guide you through from start to finish. 

At Elise Buie Family Law, our team of Washington estate planning attorneys understands how daunting it can be to organize your digital footprint, and we are here to support you. Most people don’t enjoy thinking about what will happen to them or their assets, including digital assets, once they’re gone. But addressing these issues in life can create peace of mind for you today and your loved ones down the road. Contact us today or schedule a convenient time to speak with us.