When most people think about estate planning, they picture bank accounts, real estate, investments, or family heirlooms. But in today’s world, an equally important part of your legacy lives online: your digital assets.

From photos stored in the cloud to cryptocurrency wallets, your digital life carries value—both sentimental and financial. Ignoring these assets could leave your family frustrated, locked out, or even vulnerable to fraud.

What Are Digital Assets?

Digital assets include more than just your social media pages. They can include:

  • Email and social media accounts (Gmail, Facebook, Instagram, LinkedIn)

  • Online banking and investment accounts

  • Digital payment platforms (PayPal, Venmo, Zelle)

  • Cryptocurrency and NFTs

  • Cloud storage accounts with family photos or important files

  • Online businesses, blogs, or monetized content

If you don’t include these in your estate plan, they may be lost, inaccessible, or subject to privacy restrictions.

Why Digital Assets Matter in Estate Planning

Without clear instructions, your loved ones may struggle to access or manage your digital accounts. Some companies even permanently close accounts if no one has authority. This could mean:

  • Family photos or videos are gone forever

  • Cryptocurrency wallets become unrecoverable

  • Business accounts remain locked, disrupting income streams

  • Hackers exploit inactive accounts for identity theft

By planning ahead, you give your family peace of mind and prevent unnecessary stress.

Legal Considerations in Illinois

Illinois follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which gives executors or trustees legal authority to manage digital assets—but only if you authorize it in your estate plan. Simply leaving behind passwords isn’t enough. Without proper legal documents, your loved ones may have no legal right to access your accounts.

How to Protect Your Digital Assets

Here are a few steps to include digital assets in your estate planning:

  1. Create an inventory of your online accounts and digital property.

  2. Use a secure password manager to store logins and share access with your trustee or executor.

  3. Update your estate plan to include legal authority under Illinois law.

  4. Leave clear instructions for how you want accounts managed (e.g., memorialized, closed, transferred).

Take Action Today

Your digital life is a part of your legacy. Whether it’s protecting your family photos, securing cryptocurrency, or ensuring your online business continues, a well-prepared estate plan will give your loved ones the access they need.

👉 If you’re ready to update your estate plan to include your digital assets, schedule a consultation with our Libertyville estate planning attorney today.

This article is intended to serve as a general summary of the issues outlined therein. While this article may include general guidance, it is not intended as, nor is a substitute for, qualified legal advice. Your review or receipt of this article by Lexern Law Offices, Ltd. (the “LLG”) or any of its attorneys does not create an attorney-client relationship between you and the LLG. The opinions expressed in this article are those of the authors of the article and do not reflect the opinion of the LLG. Please note that this article may have been generated using AI technology.

 

The post Why Digital Assets Belong in Your Estate Plan appeared first on Lexern Law Group.

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Mr. Feldman believes that communication is the key to any successful relationship with his clients. Encouraging open communication and being easily available to answer clients’ questions has allowed him to build long-term partnerships and trust with his clients. Importantly, Mr. Feldman spends significant…

Mr. Feldman believes that communication is the key to any successful relationship with his clients. Encouraging open communication and being easily available to answer clients’ questions has allowed him to build long-term partnerships and trust with his clients. Importantly, Mr. Feldman spends significant time and effort educating his clients on estate planning options and various business opportunities and associated risks, encouraging them to take a proactive approach to their future and the preservation of their legacies.

Mr. Feldman has been providing professional services to sophisticated clients at some of the largest accounting and law firms and through Lexern Law Group, which he founded in 2010. Mr. Feldman and his wife, Irina, have been married for over seventeen years and have four children. In his free time, Mr. Feldman enjoys traveling, practicing martial arts, and riding his motorcycle.