Long Island Digital Asset Planning Lawyer
Helping Clients Create a Digital Estate Plan
Need help crafting a digital estate plan? A Long Island estate planning lawyer at Adler Law Firm, PLLC can assist you today! Digital assets, which are defined as online accounts protected by usernames and passwords that contain economically or sentimentally valuable content, are an increasingly important aspect of probate and estate planning.
These assets include the following:
- Social networking sites: Facebook, Twitter, LinkedIn
- Email accounts: Gmail, Hotmail, Yahoo!, Microsoft Outlook
- Online financial or brokerage accounts
- Online bank accounts: E-Trade, ING, ScottTrade, Fidelity
- Photo-sharing sites: Picasa, Kodak Gallery, Snapfish, Flickr
- Personal or professional blogs
To speak with our experienced Long Island digital asset planning lawyers, call us at (516) 740-1184 or contact us online today.
Estate Planning in the Digital Age
The first step to creating a comprehensive digital estate plan is to take inventory of all of your online accounts, complete with passwords and usernames. You should then place that information in a secure place, such as a home safe or an online safe.
After you have completed these tasks, you should select a fiduciary. Provide your fiduciary with your information as well as instructions for what to do with your digital assets after your passing. Currently, executors, agents, guardians, and beneficiaries do not have explicit legal access to a deceased loved one's digital assets.
If you have particular privacy concerns, you should keep the list of usernames in a separate place from the passwords. You can also have your executor delete all confidential or sensitive information.
You may have a license to use a particular web resource or service. These licenses are generally not transferable, but should still be discussed with your fiduciary.
Many people in Nassau and Suffolk County also want their digital estate plan to coordinate with their broader asset protection goals, including how online accounts relate to business records, investment information, and intellectual property. Working with an asset protection attorney Long Island residents trust can help you decide what should be preserved, what should be deleted, and how your instructions should be documented so that your wishes are respected under New York law.
The Importance of a Modern Estate Plan
Although almost everyone has digital assets, there are few laws to determine the future of these accounts after the death of their creator. This lack of government control has far-reaching effects, including an increased risk of postmortem identity theft as hackers use unmonitored accounts.
Additionally, if you are a computer programmer, graphic artist, photographer, writer or musician, you may have particularly valuable data to protect. Creating an estate plan prepared for the digital age can help safeguard your assets and the future of your loved ones.
For many families on Long Island, these online accounts sit alongside more traditional assets such as homes, retirement accounts, and closely held businesses that may already be addressed in a will or trust. By weaving digital considerations into your overall plan, a Long Island Asset Protection Attorney can help you think through how control of these different asset types will pass, who should have access, and how to reduce the risk of disputes in Surrogate's Court after you are gone.
Coordinating Digital Assets With Overall Protection
Digital estate planning does not happen in a vacuum, and it works best when it is coordinated with your broader approach to safeguarding property and accounts. Many people in the Long Island area have a mix of real estate, retirement savings, business interests, and online accounts that all need to be addressed in a consistent way. Taking time to map how these pieces fit together can make it easier for the people you appoint to act on your behalf and can help reduce confusion or conflict when your plan is carried out.
As you review your situation, you may want to think about how your digital records support or document ownership of other assets, such as online account statements, electronically stored contracts, or cloud-based business files. A Long Island Asset Protection Lawyer can explain how these records might be used in connection with your will, trust, or powers of attorney, and how New York law and procedures in the Nassau County and Suffolk County Surrogate's Courts may affect the way your fiduciaries gain access. This kind of coordinated planning can be especially important if you own a closely held business, rental property, or other assets that require ongoing management.
Some people prefer to create a written memorandum that lists key online accounts and explains how they relate to more traditional property that is already addressed in existing estate planning documents. Others choose to update their estate plan so that it clearly authorizes a trusted person to access business systems, financial portals, or other critical platforms without violating terms of service. Whatever approach you decide is appropriate, it can be helpful to revisit these decisions periodically, especially if you acquire new assets or your online footprint changes in a meaningful way.
The Benefits of Legal Counsel on Long Island
A Long Island attorney from the Law Offices of Steven M. Adler can help you guard your digital assets and protect your loved ones. We have over 30 years of experience and keep up-to-date on all aspects of digital estate planning.
Our legal team understands that the world is constantly changing, and the use of online accounts is still a relatively new phenomenon. The attorneys at our firm, however, are prepared to personally draft your estate plan from start to finish, including any digital assets involved.
When you sit down with a Long Island Asset Protection Lawyer, you can discuss how your online presence, business interests, and personal property all fit together so that nothing is overlooked. We can walk you through practical scenarios, explain how New York laws may affect access to your accounts, and coordinate your documents so that your fiduciaries, family members, and trusted advisors can carry out your instructions as smoothly as possible, whether your matter is handled informally or through the local Surrogate's Court.
To speak with our experienced Long Island digital asset planning lawyers, call us at (516) 740-1184 or contact us online today.
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