What About Digital Assets?
Today’s society is awash with digital media; individuals may own significant digital assets as part of their estate. Digital assets can be anything from photos, emails, and writing to financial information, social media accounts, and music collections. Managing those assets is a newer concern that older generations never had. Your California estate plan can make provisions for protecting, granting access, distributing, and even deleting your digital assets upon your death or incapacitation.
California enacted a law in 2017 that makes it easier for your estate executor to gain access to your digital assets. Previously, this access required a court order, but now it only requires one of three things:
- You previously granted consent via online permission, such as Google’s Inactive Account Manager or Facebook’s Legacy Manager.
- You granted written permission or instructions in your formal estate plan.
- The “Terms of Service” permit your heirs to access the information; they will likely need a court order anyway.
Including an inventory and outlining your wishes for your digital assets is best included in your estate plan.