Chapter 9: Digital Assets — What Happens to Your Online Life

The category that didn't exist when most estate law was written

When my grandmother died in 1994, here is what "digital assets" meant for her estate: nothing. Zero. She had a rotary phone, a television, and a record player. When she died, every asset she owned was physical, and the laws governing estates handled physical assets very well, most of the time.

Her granddaughter — when she eventually dies — will leave behind something very different. Email accounts with twenty years of correspondence. Photos stored across four different cloud services. Social media accounts on platforms that didn't exist ten years ago. Cryptocurrency. Domain names. Online subscriptions, many auto-renewing. Digital music and movie libraries. Online businesses. An AI-generated avatar that still replies to her friends. Password-protected files she can't remember the password to herself.

Estate law is scrambling to catch up to this. It is not fully there yet. And the people dying today are the people who built much of their lives online — which means the families who have to clean up are often flying blind with a category that did not exist in their parents' estate planning.

This chapter is your map.

The six categories of digital assets

Digital assets break down into six categories, each with different rules and challenges:

1. Communication accounts. Email (Gmail, Outlook, Yahoo, ProtonMail), messaging (WhatsApp, iMessage, Signal, Slack), social media (Facebook, Instagram, LinkedIn, X/Twitter, TikTok).

2. Stored content. Cloud storage (Google Drive, iCloud, Dropbox, OneDrive, Box), photo services (Google Photos, iCloud Photos, Amazon Photos), music (Spotify, Apple Music — though these are usually licenses not owned), documents, creative work.

3. Financial accounts (digital). Online banking logins, brokerage account logins, cryptocurrency exchange accounts, crypto wallets (cold storage), PayPal, Venmo, Cash App, investment platforms, budgeting apps, tax software accounts.

4. E-commerce accounts. Amazon, eBay, Etsy, online stores the person owned or bought from, Shopify stores, Amazon seller accounts, subscription services.

5. Online businesses and income streams. Websites, domain names, blogs with advertising revenue, YouTube channels with monetization, content creator platforms, online courses, digital product stores.

6. Digital collections. NFTs, digital art, purchased media libraries (Kindle, iTunes, Audible), digital trading cards, virtual world assets, video game items and accounts with real monetary value.

Each category has different technical access issues, different legal status, and different recommendations.

The RUFADAA framework

Most states have now adopted some version of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA, pronounced "roofada" in legal circles, if anyone asked me). RUFADAA establishes a hierarchy for who gets access to digital assets after death:

Priority 1: The online platform's "in-service tool." If the deceased used a platform's built-in legacy/successor feature (Facebook's Legacy Contact, Google's Inactive Account Manager, Apple's Legacy Contact, etc.), THAT controls.

Priority 2: The deceased's estate planning documents. A will, trust, or power of attorney that specifically grants (or denies) fiduciary access to digital assets controls next.

Priority 3: The platform's Terms of Service. In the absence of the above, the TOS controls — which often means the estate gets little to no access.

This hierarchy is important. It means that if you go into your Google account right now and designate a successor via Inactive Account Manager, that beats anything your will says about your Gmail. Similarly with Apple, Facebook, and others.

Takeaway: configure the platform-native tools AND include explicit digital asset language in your will and powers of attorney. They're not redundant; they work together.

Platform-specific legacy tools

Let me walk through the major platforms and what they offer.

Apple — Legacy Contact (added in 2021)

Apple lets you designate up to five Legacy Contacts who can request access to your iCloud data after you die. They will receive an access key (which you should print and keep with your estate documents). At your death, they provide the key plus your death certificate, and Apple grants them access to photos, messages, notes, files, and other iCloud data.

To set up: iPhone → Settings → [your name] → Sign-In & Security → Legacy Contact.

Do this today. It takes two minutes.

Google — Inactive Account Manager

Google lets you specify what happens to your account after a period of inactivity (3-18 months). You can nominate up to 10 "trusted contacts" who will be notified and optionally granted access to specific parts of your account (Gmail, Drive, Photos, YouTube, etc.).

To set up: myaccount.google.com → Data & privacy → Make a plan for your digital legacy.

Again, today.

Facebook / Meta — Legacy Contact

Facebook lets you name a Legacy Contact who can either memorialize your account or request that it be deleted after your death. They can pin a post, update your profile picture, and accept friend requests — but cannot read messages or access most content.

Instagram (owned by Meta) allows memorialization but without the legacy contact's ability to post.

To set up Facebook: Facebook Settings → Memorialization Settings.

Microsoft

Microsoft does not have a legacy contact feature. If the decedent had a Microsoft account, the estate can request access via Microsoft's process, but it is slower and less reliable than the platforms that have built-in tools.

X (Twitter)

X does not have a legacy contact. The account of a deceased person can be deactivated or memorialized by an immediate family member submitting documentation, but content cannot be accessed.

LinkedIn

LinkedIn allows an authorized person to memorialize or remove an account. No pre-set legacy contact.

Banks and brokerages

Banks and brokerages do NOT have "legacy contacts" in the social media sense. They operate through beneficiary designations (Chapter 5) and estate administration processes. Do not treat online banking logins as an estate plan; the account's beneficiary designation or joint ownership is what matters legally.

The password problem

Here is the practical issue that RUFADAA doesn't fully solve: even with legal authority, your family needs actual technical access to your accounts.

The modern solution is a password manager with a "legacy" or "emergency access" feature.

1Password has an "Emergency Kit" — you can print or save a recovery key and share it with a trusted person. They can then unlock the vault after your death.

Bitwarden has Emergency Access where you designate trusted contacts who can request access; after a waiting period, they get access unless you deny it during the waiting period.

LastPass has a similar emergency access feature.

Dashlane has emergency contacts.

Apple iCloud Keychain is accessed via the Legacy Contact tool above.

Any of these works. The important step is actually setting it up — with a specific person who knows the system, the master password (stored securely), and what to do.

Do NOT:

• Write passwords on paper and store them in the safe deposit box (fine as backup, but brittle and gets out of date).
• Send passwords via email (security nightmare).
• Tell a family member "my passwords are all in my head" (no plan at all).
• Rely on two-factor authentication with SMS only if your family can't get into your phone (if the phone is locked, SMS 2FA is useless).

DO:

• Use a password manager.
• Set up the emergency access or legacy feature.
• Tell one or two trusted people where the master password is stored (e.g., in the safe deposit box, or with the attorney).
• Update the password manager regularly.

The phone problem

Increasingly, the phone is the gateway to everything. Two-factor authentication sends codes to the phone. Password managers are unlocked on the phone. Biometric auth ties to the phone.

If your family cannot unlock your phone after you die, they may be locked out of large parts of your digital life.

Apple's Legacy Contact covers most of this for iPhone users. Android users need to rely on Google's Inactive Account Manager plus separate planning.

Also: tell someone your phone passcode. Put it in a sealed envelope in your safe deposit box. Keep it updated.

Cryptocurrency and NFTs — the highest-stakes category

Cryptocurrency is where people have lost real, significant fortunes to poor estate planning. More so than any other digital asset class.

The core problem: crypto in self-custody (cold wallets) is secured by a "seed phrase" — a sequence of 12 or 24 words. Whoever has the seed phrase controls the crypto. Whoever doesn't, can't. If the owner dies without sharing the seed phrase, the crypto is effectively gone forever. No one, not even the exchanges, can recover it.

Estimates put the amount of "lost" Bitcoin — mostly from dead owners — at 15-20% of all Bitcoin ever mined. Billions of dollars, unrecoverable.

Crypto on exchanges (Coinbase, Kraken, Binance.US, etc.)

Slightly easier because exchanges are custodial. The estate can work with the exchange's death process (varies by exchange; expect 30-90 days and notarized paperwork). Some exchanges allow beneficiary designations.

Self-custody crypto (hardware wallets, software wallets, paper wallets)

Much harder. You must plan for seed phrase recovery.

Options for seed phrase estate planning:

Option 1: Shared split phrase. Split the seed phrase into parts and give parts to multiple trusted people. They can reconstruct the phrase only if all (or a defined threshold) come together. Tools like Shamir's Secret Sharing can do this cryptographically. Sophisticated but effective.

Option 2: Safe deposit box with clear instructions. Seed phrase in a sealed envelope in a safe deposit box, with instructions in your estate documents on how to access it. Simple but requires trust in the bank's process.

Option 3: Multi-signature wallet. Setup where 2 of 3 (or 3 of 5) signatures are required to move funds. Designate one signature to a trusted family member or attorney. This way, you can spend while alive, and after death the family member + attorney can jointly access.

Option 4: Commercial crypto estate service. Companies like Casa offer multi-sig and inheritance planning for crypto. Costs money but professionally handled.

Option 5: Clear documentation to a trusted heir. The simplest: write down the seed phrase, store it in a fireproof safe or safe deposit box, tell one trusted person the location and how to use it. Risky if the trusted person is corrupt, but most heirs aren't corrupt and this works.

Whatever you do, DO NOT:

• Keep the only copy of the seed phrase in your head.
• Store it in email or cloud drive (easily hacked).
• Lose the hardware wallet without backup.
• Assume your family can "figure it out" after you die. They cannot.

NFTs

NFTs live in crypto wallets, so the same seed-phrase rules apply. An NFT without a recoverable wallet is a bookmark on the blockchain that nobody owns anymore.

Online businesses and income streams

Increasingly common: people with YouTube channels, Substack newsletters, Etsy shops, blogs with affiliate revenue, Amazon FBA businesses. These can be substantial, sometimes full-time, sources of income.

What happens at death:

• The platform usually has a process for transferring ownership to an heir (details vary).
• Google AdSense accounts can transfer with notification and documentation.
• Amazon seller accounts can be transferred.
• Stripe accounts can be transferred.
• YouTube channels can be transferred via Google's Inactive Account Manager (if set up).

But these transfers are often slow, bureaucratic, and require documentation. In the meantime, revenue may pause or stop, subscribers drop off, reputation deteriorates.

Planning:

• Document every online business asset. Platform, username, estimated monthly revenue, business structure (sole prop, LLC, etc.).
• If the business is meaningful (more than a few hundred a month), consider putting it in an LLC so ownership transfer is cleaner.
• Name a successor manager. This person should know enough about the business to keep it running in the transition.
• For passive income streams (blog affiliate revenue, etc.), document how to access payment accounts.

Subscriptions and recurring payments

Every modern adult has a stunning list of recurring subscriptions: Netflix, Spotify, newspapers, cloud services, iCloud storage, VPNs, gym, software, meal kits, audiobooks, games. Monthly, quarterly, annual.

When someone dies, these don't stop. They keep charging the credit card (or bank account) until someone notices and cancels.

Executor action item:

• Get bank and credit card statements for the last 3 months.
• Identify all recurring charges.
• Cancel everything that isn't serving the estate.
• Close or convert services that should be transferred (e.g., Netflix family account to a surviving spouse).

Planning action item:

• Make a list of all recurring subscriptions, monthly cost, renewal date, and cancellation method. Keep it with your financial documents.
• Tell your spouse or executor where the list is.

Domain names — the easy-to-forget financial asset

If the deceased owned domain names (beyond just their personal site), these can be valuable. A short, memorable .com can be worth thousands to millions. Generic-word domains retain value for decades.

Domains are held at registrars (GoDaddy, Namecheap, Google Domains before it was shut down, etc.). Each registrar has its own death/transfer process. The estate can usually claim the domains with a death certificate and documentation, but the process is not automatic.

Planning:

• Document domain portfolio. Registrar, renewal date, approximate value, purpose.
• Set domains to auto-renew to prevent loss during estate administration.
• If any domains are particularly valuable, consider putting them in an LLC or trust for easier transfer.

Email — the central hub

Email is, often, the single most important digital asset to get access to. Because:

• Password reset links go there.
• Account notifications go there.
• Two-factor auth backup codes are sometimes emailed.
• Business records, receipts, and correspondence live there.
• Critical account information is often only discoverable via email search.

Getting access to the deceased's email is usually the first and most important task in digital estate administration.

Process:

1. Check for a legacy tool at the email provider (Google Inactive Account Manager, Apple Legacy Contact).
2. If not, go through the provider's death process (usually slow — months, with court-approved executor documentation required).
3. If the deceased's phone is accessible and email is already signed in, you may be able to work from there until formal access is granted. Don't change passwords; just read.
4. Use the email to begin identifying other accounts (search for "welcome," "receipt," "account," "login") — this is how you build out the full digital asset list.

Social media after death: memorialize or delete?

This is a judgment call for the family. Options:

Memorialize. The account is preserved but nobody new can log in. Friends can still post to the page. Facebook and Instagram support this. Good for leaving a digital gravestone.

Delete. Account is removed. Content goes with it. Consider downloading the content first.

Let it ride. Do nothing. Account stays active. This is not recommended — scammers sometimes hack dormant accounts of deceased people to run phishing on their friends.

Different platforms, different processes. In general, bring a death certificate and proof of your relationship, and the platform will work with you within 30-60 days.

Photos — the emotional digital asset

Photos are often where the family will fight most intensely after death — and they are almost always in multiple places.

Common locations for deceased's photos:

• iCloud Photos / Google Photos / Amazon Photos / Dropbox
• Phone local storage (gigabytes, usually recent)
• Old computer hard drive (could be anywhere)
• External hard drive or USB sticks (check all drawers)
• Physical photos (Chapter 8)
• Social media posts
• Email attachments

Executor / family task:

1. Download everything from cloud services before anyone changes passwords.
2. Back up the phone (it contains photos not synced anywhere).
3. Search the computer for image folders.
4. Consolidate into one place (a family shared drive works).
5. Decide division later — storage is cheap and nothing is irretrievable if you preserve first.

This is more important than virtually anything else in digital estate administration. Photos cannot be recreated.

What to do this week

This is a long chapter. Here is the radical-simplification action list:

If you are the one planning your estate:

1. Set up platform legacy tools. Apple Legacy Contact. Google Inactive Account Manager. Facebook Legacy Contact. This takes fifteen minutes total.
2. Install a password manager (1Password, Bitwarden, or Dashlane) and set up emergency access.
3. Tell one trusted person your phone passcode and where the password manager master password is kept.
4. Write down your crypto plan if you own crypto. Seed phrase in safe deposit box or similar, with instructions.
5. Include digital asset language in your will and powers of attorney. Ask your attorney specifically about RUFADAA-compliant provisions.
6. Make a list of domain names, online businesses, recurring subscriptions. Keep it updated.

If someone has died and you're handling the digital assets:

1. Get access to the phone first. This unlocks everything else.
2. Check platform legacy tools. Maybe they set up Apple or Google.
3. Get the email under control. This is the hub.
4. Before changing any passwords, download photos, financial records, and anything sentimentally important.
5. Identify and cancel recurring subscriptions on bank/credit card statements.
6. Memorialize or delete social media per family consensus.
7. Don't touch crypto without a plan. If you're not sure what you're doing, get an expert.

If you're trying to help a parent plan:

1. Do a digital assets walkthrough with them. What platforms do they use?
2. Set up Legacy Contacts on Apple, Google, Facebook together.
3. Install a password manager on their phone (1Password has good onboarding).
4. Make sure someone in the family knows how to access their phone.
5. Document any valuable digital assets (businesses, domains, crypto, creator platforms).

Next chapter: business interests and intellectual property — the category that makes estate planning go from complicated to "hire three specialists."