Why Your Digital Assets Belongs in Late-Life Planning

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KS and MO Attorney Kyle E Krull

Written by Kyle Krull

Attorney & Counsellor at Law Kyle Krull is founder of Harvest Law KC, an Estate Planning Law firm located in Overland Park, KS. Estate Planning Attorney Kyle Krull has provided continuing education instruction to attorneys, accountants, and financial professionals at local, state, and national programs.

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POSTED ON: November 6, 2025

Without appropriate estate planning, digital assets like photos, videos, and emails can quickly be lost after the death of the owner.

A digital plan is necessary for all digital assets.

Gone are the days when you had to go to a bank to move your money from one place to another.

You no longer have to physically visit someone or call them on a landline to communicate across far distances.

The rise of online banking, email, and social media means we can connect with our assets and others in an instant.

This shift to a more digital landscape also means people have accumulated digital assets.

Without a digital plan as part of your estate plan, you may leave your loved ones with no access to essential passwords, social accounts, or cloud folders.

Loved ones will be unable to see and pay critical bills online or access personal family photos.

Digital assets require planning.

Digital assets will be lost or in limbo when a digital plan is not part of an estate plan.

 

What Counts as a Digital Asset

Digital assets are a broad category.

They can include photos, videos, social profiles, emails, text messages, documents in the cloud, two-factor authentication, online banking credentials, subscription and utility portals, health portals, password managers, and even photo frames with cloud syncing.

In short, anything with a login should be included in your estate plan.

What to Inventory and Where to Store It

Make a Plain-Language Inventory of Digital Assets

Start by listing all of your accounts and how to access them.

Next, you should provide directions on what you would like done for the accounts.

You may choose to have assets downloaded, transferred, preserved, or deleted.

Your list should include devices, backup locations, and passcodes.

Store Access the Right Way

While you must keep your credentials secure, your executor must be able to access them when you die.

You can have a password manager with an emergency access feature.

Another option is to seal your credentials and place them in a fireproof location.

Instructions should also include two-factor authentication for your digital assets.

Your agent will need to access any devices, security keys, and recovery codes.

Capture Unique Digital Heirlooms

Exports shared family calendars, photo libraries, genealogy files, and voice notes.

You should provide details on the file paths and whether certain apps will be required to open them.

Doing so ensures your heirs can utilize these digital assets.

Legal Tools that Unlock Access for Digital Assets

Name a Digital Executor or Agent

Your trust or last will and testament should include the name of the individual you trust to manage your digital assets.

For incapacity planning, you should grant parallel authorities in a durable power of attorney.

The language used should reflect the federal privacy laws governing electronic communications to allow your agent to share content with providers.

Use Platform Tools

Some digital assets have their own legacy settings for memorialization controls or legacy contacts.

If these are available, use them.

Often, these will be more efficient than court orders and can facilitate smooth support to families.

Align Digital Assets with Your Estate Plan

Your digital plan should align with your comprehensive estate planning.

You should avoid conflicts, such as having one person manage the account with statements for an asset inherited by another.

Such conflicts can trigger resentment and hinder the distribution of assets.

Yikes!

Reduce Family Conflict Ahead of Time

By explaining your wishes regarding your traditional and digital assets before you die, you can minimize the risk of tension.

You should both share verbally and write down how you would like memorial pages handled, who you want to close accounts, and who you want to curate family photos.

Experienced Estate Planning Attorneys Can Help

If you have not considered how to address your digital assets in your comprehensive estate planning, it can be helpful to work with an experienced estate planning attorney.

Having your trust, last will, beneficiary designations, and powers of attorney in order is key to protecting your loved ones.

An experienced estate planning attorney can also help include language regarding digital assets and direct you in your inventory process.

If you need to create or review your estate plan, you can request a consultation with Harvest Law KC.

What are Key Takeaways for Digital Assets?

Digital assets require clear estate planning instructions to address what assets are present, how to access them, and who will have authority over them.

Preparing password managers with emergency access and providing information on two-factor authentication is necessary to ensure executors can retrieve these digital assets.

Some platforms have their own digital legacy tools.

Using these can streamline asset recovery and support for surviving loved ones.

Take time to address estate planning for your traditional and digital assets without delay.

This post is for informational purposes only and does not provide legal advice. You should consult an attorney for advice on any specific issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.

Reference: The Conversation (June 10, 2025) “Do You Know How To Prepare For Your Digital Life After Death? CU Boulder’s Student-Run Clinic Has Some Advice”

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