Don’t Let Time Be Your Enemy

By: vpierre@pilelaw.com

Cyber-security and Estate Planning: Protecting Your Digital Legacy

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In the digital age, estate planning has taken on a new dimension. While we typically think of estate planning in terms of physical assets—such as homes, bank accounts, and personal property—the rise of the internet has introduced a wide array of digital assets that need protection. From financial accounts to social media profiles, your digital presence is an essential part of your legacy, and safeguarding it is just as crucial as securing your physical estate.

The Growing Importance of Digital Assets

As we move more of our personal and financial lives online, the value of digital assets is increasing. According to recent studies, over 90% of adults in the United States have an online presence, ranging from social media profiles to digital banking accounts. Yet, many people overlook these assets when they create their estate plans. If left unmanaged, digital assets can fall into the wrong hands or be lost entirely, leaving loved ones with the added stress of dealing with online accounts after your passing.
In Pennsylvania, digital estate laws have evolved to give executors the authority to access digital assets, but only with the proper permissions in place. This is why it’s critical to include a clear plan for your online accounts in your estate documents.

The Role of Cyber-security in Estate Planning

One of the greatest challenges in managing digital estates is cyber-security. With cyber-crime on the rise—especially targeting vulnerable individuals, including seniors—ensuring that your digital assets are secure is vital. Estate planning provides an opportunity to take control of your online accounts, protect your personal information, and prevent identity theft after you’re gone.
Start by identifying all of your digital assets: bank accounts, investment portfolios, retirement funds, social media profiles, email accounts, and cloud storage files. Use secure methods to store passwords and login information, such as password management software. It’s essential to share access to this information with someone you trust, like your digital executor, but avoid leaving passwords in unsecured documents or emails.
Additionally, implementing strong cyber-security practices while you’re alive can help protect your estate in the long term. This means using strong, unique passwords for all accounts, enabling two-factor authentication, and regularly updating your security settings.

Digital Executors and Your Legacy

A key aspect of digital estate planning is appointing a “digital executor”—someone who will be responsible for handling your digital assets after your death. Unlike a traditional executor, who manages physical assets, a digital executor focuses solely on your online presence. They can help close accounts, manage social media profiles, and ensure that any sensitive information is properly secured or deleted.
However, digital executors face unique challenges. Not all states have clear legal guidelines on the role of digital executors, so it’s crucial to leave detailed instructions in your estate plan. Make sure your executor knows which accounts to manage, what to do with your social media profiles, and how to handle any financial accounts that may still be active online.

Social Media and Digital Memorialization

Social media has become an extension of our personal lives, and many platforms now offer tools for memorializing profiles. For example, Facebook allows users to designate a “legacy contact” who can manage the account after their death. Google has an Inactive Account Manager feature that lets you decide what happens to your account after a set period of inactivity. These tools are critical for protecting your online identity and ensuring your wishes are honored.
However, without a clear plan in place, family members may be left guessing about how to handle these digital legacies. Including social media instructions in your estate plan ensures that your online presence is treated with the respect and care you would want.

Preventing Digital Identity Theft After Death

Identity theft is a major concern in today’s world, and deceased individuals are often targets for cyber-criminals. Once you pass, hackers may try to access your accounts, steal personal information, or even open new accounts in your name. To prevent this, you should ensure that your digital executor takes swift action to secure your accounts after your death.
Closing or memorializing social media profiles, freezing financial accounts, and notifying major credit bureaus are all essential steps in preventing post-mortem identity theft. Estate planning helps you provide a road-map for your executor to follow, reducing the risk of digital fraud and ensuring your loved ones are protected from these threats.
In conclusion, estate planning in the digital age requires careful consideration of your online assets. Cyber-security is essential to protect your personal information, digital legacy, and financial accounts after you’re gone. By appointing a digital executor, securing your accounts, and leaving clear instructions, you can ensure that your digital life is just as well-protected as your physical estate. Estate planning is no longer just about passing on wealth—it’s about safeguarding your legacy in a rapidly evolving digital world.