Digital Asset Planning Attorney

What are digital assets and why do they need special planning?

Digital assets include cryptocurrency, online banking accounts, email, social media profiles, cloud storage files, digital photos, online business assets, domain names, NFTs, and gaming accounts. They need special planning because they're governed by Terms of Service agreements, require passwords, may be subject to federal computer fraud laws, and can be permanently lost without proper documentation.

What is RUFADAA and how does it protect my digital assets?

RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act) is California law allowing fiduciaries to access digital assets if authorized in your estate plan. It overrides restrictive Terms of Service that would otherwise prevent access. RUFADAA protects your digital legacy by giving your trustee or executor legal authority to manage email, social media, online banking, and other digital accounts after your death or incapacity.

How do I give someone access to my digital accounts after I die?

California's RUFADAA allows you to grant fiduciaries access through specific authorization in your trust or will, use of online tools provided by custodians (like Google's Inactive Account Manager or Facebook's Legacy Contact), or direct instructions to account custodians. Comprehensive digital asset plans comply with both state law and individual platform Terms of Service.

What happens to my cryptocurrency when I die?

Cryptocurrency can be permanently lost if private keys, wallet passwords, or recovery phrases aren't accessible to your heirs. Unlike traditional banks, there's no customer service to help recover lost crypto. Proper planning includes documenting wallet information, storing private keys securely but accessibly, naming a digital executor who understands crypto, and creating a secure system balancing heir access with lifetime protection.

Should I include my passwords in my estate plan?

Never include actual passwords in your trust or will—these documents can become public. Instead, use a password manager to store credentials securely, reference its existence in your estate plan, grant your digital executor legal authority to access accounts under RUFADAA, and store the master password separately in a secure location with clear instructions.

Can my family access my social media accounts after I die?

It depends on the platform's Terms of Service and your estate planning. Under RUFADAA, you can grant fiduciaries access, but platforms have their own policies. Facebook allows legacy contacts for memorialized accounts. Google's Inactive Account Manager lets you decide what happens after inactivity. Instagram, Twitter, and LinkedIn have memorialization or deletion policies.

How do I protect my business digital assets in estate planning?

Business digital assets include websites, domain names, email lists, customer databases, social media business accounts, e-commerce platforms, digital advertising accounts, and intellectual property stored online. Protection requires documenting all accounts and credentials, naming a digital business successor who understands your operations, ensuring continuity of email and customer communications, protecting trade secrets and proprietary information, and transferring domain names and hosting accounts without disrupting business operations.