What Are Digital Assets in Estate Planning

Digital property or digital assets in the context of estate planning can encompass various online accounts, digital files, and other forms of electronically stored information. In Texas, as in many other states, the concept of digital estate planning is still evolving. However, Texas has adopted a revised version of the Uniform Fiduciary Access to Digital Assets Act (UFADAA). Under this law, a person can grant a fiduciary access to, or control over, their digital assets.

Examples of digital assets in estate planning may include:

1. Email Accounts: These may contain important documents or communications. Access to these accounts is often protected by privacy laws.
2. Social Media Accounts: These include platforms like Facebook, Instagram, Twitter, LinkedIn, etc. These accounts often have significant emotional value.
3. Digital Photos and Videos: These are typically stored on platforms like Google Photos or iCloud.
4. Online Financial Accounts: Online banking, PayPal, Venmo, and other fintech services contain funds and financial transaction records.
5. Cryptocurrencies: Bitcoin and other cryptocurrencies are a form of digital asset that can have significant monetary value.
6. Online Business: If you own an online business, your website, domain name, ecommerce accounts, associated social media profiles, and digital customer databases are all digital assets.
7. Digital Music and Book Libraries: Assets like your iTunes music or Kindle books are also considered digital assets.
8. Loyalty Programs: Airline miles, reward points, etc., may have monetary value and might be transferrable upon death.
9. Gaming Accounts: Online gaming accounts can also have significant value, especially if unique digital items have been acquired.
10. Online Storage Accounts: Includes Google Drive, Dropbox, etc, where personal or work documents, photos, videos, are commonly stored.

When estate planning in Texas, it’s important to remember that access to digital assets upon death or incapacity can be complex, often differing depending on the provider’s terms of service. It is recommended to seek advice from an estate planning attorney to guide you through this process.