In today’s digital world, your online life is part of your legacy. From photos and videos to cryptocurrency and business accounts, digital assets are now an essential part of modern estate planning. Yet many people—even those who already have a will or trust—overlook these assets entirely.

As an experienced estate planning attorney in San Diego, I often see clients who have carefully planned for their homes, bank accounts, and personal property but forgotten about what lives online. Fortunately, adding your digital assets to your estate plan is straightforward once you understand what to include and how to protect them.

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What Are Digital Assets?

Digital assets include a wide range of personal and business materials stored electronically. Examples include:

• Photos and videos stored on your phone, computer, or in the cloud

• Email accounts and digital files such as tax documents or client records

• Cryptocurrency and NFTs

• Domain names and website URLs

• Social media profiles (Facebook, Instagram, LinkedIn, X, TikTok, etc.)

• YouTube or content-creator accounts

• Affiliate marketing and e-commerce platforms (Amazon, Etsy, Shopify)

• Cloud storage and data backups

Some of these assets—like a monetized YouTube channel, cryptocurrency wallet, or digital business—can have significant financial value. Others, such as family photos, carry enormous sentimental worth. In either case, your estate plan should account for them.

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1. Take Inventory of Your Digital Assets

Begin by listing every online account and digital platform you use. For business owners, this should include client databases, online payment processors, and social media accounts used for marketing.

A detailed inventory will make it easier for your San Diego trust attorney to integrate these assets into your estate plan or business succession plan. Keep this list secure but accessible to your fiduciaries, such as your trustee, executor, or agent under a power of attorney.

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2. Appoint a Digital Fiduciary

Your “digital fiduciary,” sometimes called a cyber successor, is someone you trust to manage your online accounts if you become incapacitated or pass away. This person might also serve in a traditional role—trustee, executor, or power of attorney agent.

State laws, such as the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), govern who can legally access your digital property. Platforms like Google and Apple even offer digital legacy tools that let you authorize trusted individuals to handle your accounts. Your estate planning attorney in San Diego can help you use these tools properly and stay compliant with applicable laws.

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3. Use the Right Legal Tools

Depending on your situation, certain digital assets may need to be placed in a trust or specifically referenced in your power of attorney. Proper legal documentation ensures your fiduciary has the authority and ability to act on your behalf.

Working with San Diego trust attorneys can help you determine how to store access information safely, protect digital income streams, and ensure your online accounts are managed according to your wishes. Because laws surrounding digital property are constantly evolving, even existing plans should be reviewed periodically.

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The Risk of Doing Nothing

Failing to plan for your digital assets can lead to lost family photos, frozen business accounts, or inaccessible financial assets. The best way to avoid these headaches is to address your digital legacy now.

If you’re unsure where to start, our San Diego estate planning law firm can help. We guide clients throughout San Diego County in identifying, organizing, and protecting their digital and traditional assets as part of a comprehensive estate plan.

Contact our office today to schedule a consultation with an experienced estate planning attorney in San Diego and ensure your digital legacy is secure for the future.