PROTECTING YOUR DIGITAL ASSETS. 5 Easy Steps

P R O T E C T I N G Y O U R

DIGITAL ASSETS

H

ave you ever stopped to think about what happens to your digital presence — your Facebook photos or your tweets — once you’re no longer here to manage your online or social media accounts? You may be surprised to learn that much of your digital content and social media postings can live on after your death. Without your account login information, the people settling your estate will encounter delays and difficulties in taking control of these accounts

PROTECTING YOUR DIGITAL ASSETS:

If you don’t have a digital estate plan, you’re not alone. According to a recent survey, 63 percent of people don’t know what will happen to their digital assets when they die. Making plans for these assets can provide you and your loved ones greater peace of mind.

Below are five steps to help you create your digital estate plan.

STEP 1:

Inventory Your Digital Assets and Instructions on How to Access Them. Maintain two separate lists: one with your online passwords and the other with your online user names. (Do not keep all that information in one place — doing so puts you at risk of identity theft and fraud.) Update these inventories at least once a year or, ideally, whenever you register on a new site or change a password.

STEP 2:

Store the Information in a Safe Place.

Since your digital inventories contain personal information that could lead to identity theft and financial losses, be very careful about where you store them. Make sure someone you trust — your spouse, child, or best friend, as well as the executor of your estate — knows how to get a hold of your information. Password-protect these files on your computer and share them with someone you trust.

STEP 3:

Determine the Terms of Service for Your Accounts.

Email and social media providers such as Twitter and Facebook have specific terms of service that provide the legal baseline governing access to the accounts (access rights also vary by state). While you can control who can access your bank account, insurance proceeds, and mutual funds, you may have surprisingly little control over who can access your digital legacy — unless you make arrangements ahead of time.

STEP 4:

Decide and Document the Fate of Your Digital Assets After Your Death. Your will or revocable living trust should document how you wish to distribute your monetary assets, so you don’t need a separate written plan for the financial accounts you access online. But you do need to ensure access to those online accounts and decide how you want all remaining digital assets — Facebook pages, Twitter feeds, photo-sharing and cloud-based service contents, etc. — to be handled. Determine your wishes by answering these questions:

• Do you want your social media accounts deactivated after your death, or do you want them to remain online as a memorial to your life?

• If you want your social media accounts to remain online, do you want to craft a message that will be posted in the event of your death?

• Do you want prints of cloud-stored photos sent to family members?

• How would you like to handle the contents of your iTunes or Dropbox accounts, or other online storage service?

STEP 5:

Ensure Your Key Estate Planning Documents Contain Relevant Language

The Uniform Fiduciary Access to Digital Assets Act (UFADAA) has been written and will guarantee that a personal representative/executor has the same authority over digital assets as the account holder; is an authorized user of the digital asset under computer fraud and unauthorized access laws; and “has the lawful consent of the account holder” to access the digital asset. However, this model law is currently being adopted on a state-by-state basis. At a minimum, have your attorney add special language to powers of attorney for property, wills, and revocable trusts authorizing access to your digital assets.

Remember, your digital assets have sentimental, historical, and, in some cases, financial value. There are likely to be assets you want to preserve, such as videos, pictures, and music. However, there may also be assets you would like destroyed, such as personal correspondence or your browsing history. No matter your intention, it will become reality only if you diligently plan for the future and take action now to ensure that your final wishes are known.

COMPLETING YOUR ESTATE PLAN

A plan for your digital assets should accompany other important estate planning documents, including your will or trust; powers of attorney for financial and health

matters; a HIPAA release form that permits access to your health information should you be incapacitated; and beneficiary designation forms for retirement, insurance, and other financial accounts.

Our complimentary planning resources covering many of these topics can be found at

For more information:

Tracy Donahoe, Director of Planned Gifts

Linda Coffee, Development Officer, Planned Gifts

50 California Street, Suite 500, San Francisco, CA 94111

(800) 584-6460 or legacy@earthjustice.org

LEAVING A GIFT FOR EARTHJUSTICE

As you create or update your estate plan, including the plan for your digital assets, we hope you will consider leaving a gift for Earthjustice. We understand that family comes first — as it should. But leaving even a small percentage or residue of your estate for Earthjustice can help ensure for future generations the right to a healthy environment.

USING THE RIGHT WORDS

If you have decided to leave a gift for Earthjustice, we suggest the following language:

“I hereby give (percentage, residuary, share or specific amount or asset) to Earthjustice, 50 California Street, Suite 500, San Francisco,

CA 94111.” Earthjustice Tax ID: 94-1730465

Leaving an unrestricted gift to Earthjustice enables us address the biggest challenges and opportunities we’ll face at the time we receive your gift; however, we also welcome gifts to support areas of our work, such as wildlife and wilderness protection, healthy communities, or clean energy and climate change. We would be delighted to discuss ways to provide for the work you most care about and to create a statement of intent that ensures your wishes are honored.

If you have left a gift for Earthjustice, we hope you will let us know so we can thank you and welcome you to the Evergreen Council, a group of exceptional individuals who have made Earthjustice and protecting our planet a part of their lasting legacy.