646 666 9601 [email protected]

 

A digital executor is someone you name to administer your digital assets after your death. Discover why and how to choose a digital executor.

What you’ll discover:

A Case Study on Appointing a Digital Executor
What You Should Know Before You Begin

What happens to your Facebook page after you leave? What about personal emails that you’ve sent and received? What about online picture albums? What about the files on your laptop?

You may now utilize your estate plan to specify what you want to happen to these vital elements of your life.

Last wills and testaments have traditionally been used to convey last desires about who will inherit your possessions. You may handle all of your possessions in a final will and testament, whether it’s how your bank account is divided, what happens to your property, or who gets your wedding china. But, while you consider all the ostensibly important matters, the last thing you want to be known for is a lack of forethought when it comes to your inheritance.

Choosing a Digital Executor

One of the most crucial considerations to make when preparing your will is who will function as your executor. Your executor is someone you name in your will to ensure that your assets are dispersed according to your intentions. This is a tried and true strategy for dealing with conventional assets, but digital assets have proved to be more difficult. Most wills have simply disregarded them.

However, things are changing. You may now establish a last will and testament that permits you to select both a conventional executor and a digital executor to handle your possessions. This individual is in charge of maintaining your digital assets, such as deleting, downloading, and converting files, as well as managing social media accounts. Your final will and testament should also include a list of your digital assets, directions for accessing these assets (including logins and passwords if needed), and precise instructions concerning what your digital executor should do with each item.

An Example

Consider the following scenarios, for example, for your Facebook page. If you pass away without naming a digital executor, your family may disagree over what to do with your Facebook page. Some people may wish to keep it up as a tribute to you—it becomes a type of living monument as your friends leave condolences and recollections. Others in your family, on the other hand, believe it’s strange that your profile appears as a suggested friend to others even when you’re not available to accept their friend requests. Furthermore, no one has the necessary login credentials, therefore your family must contact Facebook in order to have your profile deactivated. The procedure is slow, and the family becomes irritated when they do not get a prompt answer.

This is obviously not a favorable situation. To guarantee that your digital assets are managed in accordance with your preferences, and to make things a bit simpler for the people you leave behind, it’s wise to put it in writing.

What to Do First

If you already have a will, but it does not handle your digital assets or designate a digital executor, you may add these vital provisions with a codicil. It’s also a good idea to renew your power of attorney with comparable stipulations.

Important Information

While a digital executor clause expresses your preferences regarding your digital assets, the topic of digital estate planning is still in its infancy. It is critical to investigate the rights and difficulties that may prevent your digital executor from carrying out your digital asset intentions. Find out whether websites will or will not provide designated executors account access, what authorization is required, if you have legal right to access online bank accounts, and if state law needs your digital executor to live in the same state as you.

For the most thorough answer to your requirements, we recommend having your estate planning paperwork evaluated by an estate planning attorney in your region.

Legal Help CTA