By Libby Banks, The Law Office of Libby Banks

When most people think of estate planning, they picture wills, trusts, powers of attorney and planning for their home, stock accounts and personal property. But in today’s world, there’s another category of assets that’s easy to overlook — and it’s one that can create major headaches for your loved ones if ignored: your digital assets.

At our office, we’re seeing more and more clients who don’t realize just how much of their life is online — until we start asking the right questions.

So, what exactly are digital assets?
They include everything from your online bank and investment accounts to social media profiles, email accounts, photos stored in the cloud, loyalty rewards, and even cryptocurrency wallets and NFTs. Some of these carry clear monetary value. Others — like decades of family photos stored in Dropbox or on your phone — have deep emotional significance.

The problem is, if no one knows they exist or how to access them, they may vanish when you do.

What makes digital assets so tricky?
First, most online platforms have strict privacy policies and terms of service. Even with a will or trust, your family may not legally access your accounts without explicit permission. Second, many people forget to include digital assets in their estate planning documents altogether. And finally, if you haven’t left behind usernames, passwords, or clear instructions, your family may find themselves locked out of your online world.
Here’s what we advise our clients:
• Start with an inventory. Make a list of every digital account you own — email, financial, social media, cloud storage, subscription services, crypto wallets. Write down usernames and store access instructions securely, such as in a password manager your family can access later.
• Include management of digital assets in your legal documents. At our firm, we ensure your power of attorney includes provisions that comply with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which Arizona has adopted. This gives your trustee or executor the authority they need.
• Name a digital fiduciary. Just like you choose someone to manage your finances or medical care, you can name someone to manage your digital property. This may be the same person — or not — depending on their tech skills.
• Back up what matters most. Don’t rely on access to the cloud. If you’d be heartbroken to lose it, make sure it’s saved offline and organized for easy access.
• Consider subscribing to our Digital Legacy Vault at just $99 per year to store username information, passwords and all of the lists you’ve made, to be shared when the time comes that your family needs to access them.

Technology is only going to move faster. The best thing you can do today is plan ahead — so your loved ones aren’t left scrambling tomorrow. Our office can help you create an estate plan that reflects your whole life — digital, physical, and everything in between. If you’re interested in a complete plan, give us a call at 601-375-6752 to schedule your free initial consultation and make sure your legacy doesn’t get lost in cyberspace.