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How Do I Leave my Social Media Account in My Will?

Bigstock-Hand-Holding-A-Social-Media-D-30332120 “You have to plan ahead… As more wealth moves into the cloud, good luck tracking this stuff.”

Andrew Magliochetti always feared dying without an estate plan, so in his 20s, he prepared a will. In addition, he listed his digital assets, which include digitized family movies and social media accounts, plus some assets that are more esoteric, like digital currencies and domain names. Magliochetti then stored his passwords, including those for Facebook and Twitter, on a password manager that his brother, who is his estate executor, could easily find. He uploaded family photos and movies to the file-hosting service so that they are easy to share.

Many people neglect to include digital effects in their estate plans, which can be a huge mistake, as valuable assets may go unnoticed, or money and time might be spent attempting to find them.

There are some assets like digital currencies, video game characters, and Internet domain names that exist only in cyberspace. You can’t put these in a safety deposit box: they can be overlooked because they aren’t as tangible. These days, folks are acquiring more digital assets like Facebook photos or email addresses all the time. However, getting access to social media accounts can be difficult because laws governing digital assets vary by state. Online sites concerned with user privacy have drastically different terms and conditions that sometimes exclude executors.

Create an inventory of your online accounts and their passwords—but don’t include them in your will. Wills should not be changed as often as you change your online account information. Simply explain how you want each account handled if you die, with the terms and conditions for each site included. Save this inventory in an encrypted file, a safe, and with your estate planning attorney. You should also authorize your executor to obtain access to devices and online accounts and reset passwords.

Keep your photos on a computer or local storage device rather than an online site so they’re easier to retrieve. Better yet, save them on two storage devices in separate places, like a home safe and a lawyer’s office.

Some assets can’t be passed on to heirs. An iTunes library can’t be passed as digital music and e-book purchases are nontransferable because they’re licensed to the user. You can only leave these assets if a user agreement permits it.

As Mr. Magliochetti says, “Make the process as easy as possible. As Internet adoption continues, planning will become more important.”

For more information about estate planning, please visit my estate planning website.

Reference: New York Times (November 11, 2015) “Plan Your Digital Legacy, and Update Often”

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