DIGITAL ESTATE PLANNING

 

DIGTAL ESTATE PLANNING

 



Digital Estate planning is your way to make sure that your loved ones can access your estate plan and digital assets when a family member or friend passes away. Often people do not think to grant access to their accounts in the event of death nor do they leave behind login information, such as a username and password, to do so. In these instances, digital estate planning creates a process whereby authorized individuals can request access to digital assets.

Digital assets refer to any online accounts and any files stored on a person’s computer or the cloud (a server) and can be classified into two categories, online digital assets and offline (local) digital assets.

Online digital assets, that is, those that are protected by a username and password and/or contain economically or sentimentally valuable content, may include social media accounts, email accounts, cloud based photo storage/libraries, digital music/movies/books, cryptocurrency, online banking accounts, contact lists, travel accounts (such as airline miles or points) to name a few.

While offline or local digital assets are typically files that are stored locally on a phone, a computer or a tablet and may include valuable business documents, intellectual property, graphic design files and other types of valuable “digital data” that may have substantial intellectual property and economic value.

If your estate plan does not include your digital assets your heirs may not be able to gain access to after your death or incapacity.

Berry Moorman’s Michigan digital estate planning attorneys also provide a full range of estate planning services including:

  • Wills
  • Trusts
  • Durable Powers of Attorney
  • Patient Advocate Designations
  • Living Wills
  • Tax Planning
  • Medicaid Planning
  • Charitable Giving
  • Probate Avoidance
  • Dynasty Trusts
  • Closely Held Business Planning
  • Trust Funding
  • Asset Protection
  • IRAs including Payments to Trusts

Estate Planning FAQ

Answers to some of the most commonly asked questions regarding Estate Planning.

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Our estate planning attorneys provide a full range of estate planning services to accomplish our clients’ wishes and protect their families.


Donald F. Carney, Jr.
SR. ATTORNEY

BIRMINGHAM OFFICE 
Tel: (248) 645-9680
Fax: (248) 645-1233

Patrice M. Ticknor
ASSOCIATE

DETROIT OFFICE 
Ph: (313) 496-1200
Fax: (313) 496-1300

Rachel Selina
Associate

BIRMINGHAM OFFICE 
Tel: (248) 645-9680
Fax: (248) 645-1233

Featured Publications


Administering a Digital Estate

By: Rachel Selina   As technology evolves, so does the process by which personal representatives deal with property during probate. Michigan’s Fiduciary Access to Digital Assets Act, passed in 2016, addresses the increased use of online accounts. The Act provides...

What is a Revocable Living Trust?

A revocable living trust is a legal relationship where a trustee holds title to trust assets for the benefit of the trust beneficiary. The person who creates the trust and transfers his or her assets to it is called the grantor or settlor.

What is Gun Trust and Do I Need One?

With greater nationwide discussion regarding the use and ownership of firearms, a commonly-overlooked issue relates to the transfer of those firearms to beneficiaries upon death. It is estimated that nearly 40% of households in the United States own one or more...

Michigan Law Now Authorizes Designation of a Funeral Representative

NO NEED TO FIGHT OVER MY DEAD BODY! Michigan Law Now Authorizes Designation of a Funeral Representative Michigan law was recently amended to update and simplify the process for making and carrying out funeral arrangements after a person’s death.  2016 PA 57 revises...

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