How To Manage A Digital Legacy

Creating a digital legacy plan to manage your online accounts is just as important as drafting a will to protect your physical and monetary assets. If you are preplanning a funeral – or making end of life arrangements for yourself – adding a digital legacy document should definitely be on the list of things to do.

Appoint a Digital Executor

Select a “digital executor” who will protect and organize your digital footprint after death. This trusted person is responsible for carrying out the terms set in a will, but their responsibilities can also extend to handling your internet assets (as detailed in a digital legacy document). It helps if the digital executor is tech savvy, but it’s more important that they are organized, knowledgeable, and able to handle sensitive information discreetly.

The digital executor needs to understand Maryland laws which govern access to a person’s digital assets. The Maryland Fiduciary Access to Digital Assets Act – allows fiduciaries or executors to manage digital property like computer files, web domains, and virtual currency. However, the Act restricts access to electronic communications such as email, text messages, and social media accounts unless the original user consented in a will, trust, power of attorney, or other legal record.

If you already have a will, you can add the name of your digital executor and specify where your digital legacy plan is stored. This will allow them to legally access the document after your death. Don’t include account passwords in your will: sensitive information about your digital assets should only be shared with your chosen digital executor, especially because a will eventually becomes a matter of public record after probate.

To learn more about estate planning and elder law, visit Estate and Elder Planning by David Wingate at www.davidwingate.com. For an Initial Consultation, call (301) 663-9230. We can assist you with powers of attorneys, living wills, wills, trusts, Medicaid planning, and asset protection. With office locations in Frederick, Washington, and Montgomery Counties, Maryland, we are here to provide you with peace of mind.

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