Advice from a Davidson, NC Estate Planning Attorney

In today’s digital world, your estate isn’t just made up of homes, cars, bank accounts, and family heirlooms—it includes a whole range of digital assets. If you didn’t consider these when you first created your will or trust, don’t worry—you’re far from alone. The good news? Updating your estate plan to account for digital assets is easier than you might think.

Whether you’re a small business owner, content creator, or just someone who stores precious memories online, planning for your digital legacy is essential. Here’s what Davidson and Lake Norman families need to know.

What Counts as a Digital Asset?

Digital assets include:

  • Photos and videos on your phone, cloud, or external drives

  • Emails, digital files, and financial documents

  • Cryptocurrency and non-fungible tokens (NFTs)

  • Domain names and websites

  • Social media accounts (Facebook, Instagram, X, TikTok, LinkedIn, Twitch)

  • Content creation platforms (YouTube, podcast accounts, blogs)

  • Affiliate or e-commerce accounts (Amazon, Etsy, Shopify, Google AdSense, ClickBank)

  • Device backups and important databases (e.g., medical records in cloud storage)

Many of these assets have real-world value, and some generate income—like monetized YouTube channels, influencer accounts, or digital businesses. For some estates, digital assets are among the most valuable items.

That’s why it’s no longer enough to think of your legacy in terms of just money, jewelry, or property—you also need a plan for the digital footprint you leave behind.

3 Tips for Protecting Your Digital Legacy

1. Take Inventory of Your Digital Assets

Start by listing every online account, platform, and cloud-based file you use. For business owners, include spreadsheets, client records, databases, and other digital business documents.

This inventory is a key resource for your executor, trustee, or agent under a power of attorney, and it helps ensure someone you trust can manage your digital presence if you are incapacitated or pass away.

2. Appoint a Digital Fiduciary (Cyber Successor)

Choose someone you trust to manage your online accounts and digital property when you can’t. Often, this person also serves as a traditional fiduciary, such as an executor, trustee, or power of attorney agent.

State laws like the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), along with platform-specific rules, govern access. Tools like Google Inactive Account Manager or Apple Digital Legacy can also help your digital fiduciary act quickly and legally.

3. Use the Right Legal Tools

Depending on your situation, you may need to fund some digital assets into a trust, include access provisions in a power of attorney, or designate specific beneficiaries. Laws and platform policies are evolving, so it’s wise to review past planning and make updates as needed.

A local Davidson, NC estate planning attorney can help ensure that your digital assets are properly recorded, accessible, and aligned with your wishes.

Risks of Ignoring Digital Assets

Doing nothing could lead to:

  • Loss of family photos and videos

  • Interrupted access to business accounts or online revenue

  • Difficulty managing online platforms after incapacity

  • Potential disputes over ownership or access

Digital assets may seem abstract, but their impact on your family, business, and legacy is very real. Taking the time to plan now prevents frustration and ensures your digital presence continues as you intend.

Start Protecting Your Digital Legacy Today

Our firm helps families throughout Davidson, Cornelius, Huntersville, and the Lake Norman area navigate estate planning for both traditional and digital assets. Whether it’s inventorying accounts, appointing fiduciaries, or using the right legal tools, we guide you step by step.

Contact our Davidson, NC estate planning office today to schedule a consultation and make sure your online life is protected.

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