PROTECTING YOUR DIGITAL LEGACY

Most individuals today have some form of digital assets or accounts. These assets may include cell phones, laptops, tablets, email, social media accounts, cryptocurrency, and more. It is important to ensure that these assets are accounted for when you are making an estate plan, whether it be ensuring certain assets are included in your distribution scheme, or granting or preventing access to your accounts after your death.

Cell phones, laptops, tablets, and other electronic devices

Companies that develop digital devices such as phones, laptops, and tablets often have policies in place to protect the privacy of their users. This is a beneficial service, however it can make access to those devices to your family members after your death more difficult. If you want to ensure your family members can have access to these devices to retrieve photographs, messages, or other data, companies will allow you to designate certain individuals to have access. You can add, remove, or edit the individuals at any time. These individuals will not have any access prior to your death. Setting up these preferences will ensure your data remains protected, but is also handled in accordance with your wishes.

Apple (iPhone, iPad, Mac, etc.)

Apple allows you to name a “Legacy Contact” on your Apple devices. A Legacy Contact is an individual, or individuals you designate to have access to your Apple account data. Upon your death, your Legacy Contact will need to show Apple your death certificate, and their personal “Access Key” to gain access to your device. To set up a Legacy Contact on your iPhone or iPad, follow the steps below. These instructions, and instructions for other Apple devices can be found here.

1. On your iPhone, go to “Settings”

2. Click on your name at the top of the page

3. Click “Sign-In & Security”

   1. This may take a few seconds to load

4. Scroll to the bottom of the page, and click “Legacy Contact”

5. Click “Add Legacy Contact…”

6. Click “Add Legacy Contact” again and authenticate with FaceID, TouchID, or your passcode

7. Click the name of an individual in your contacts list you would like to have access to your device after your death

   1. If this brings you to the individuals contact card, click on the individual’s phone number

8. Click “Continue”

9. Click “Send Access Key” or “Print Access Key”

   1. “Send Access Key” will send a text message to the individual you have chosen that (1) tells them that you have chosen them as a Legacy Contact and (2) shares the access key with them, which they will need, along with your death certificate, to gain access to the device at your death

      1. When the individual you chose receives the text message, they should click on the attached link. This will provide them with the Access Key they need to access your device upon your death. If the individual you chose also has an iPhone, the Access Key will also be accessible in their own Legacy Contacts settings under a section titled “Legacy Contact For”

   2. “Print Access Key” will allow you to print a physical or digital copy of the access key. You will want to either provide the individual you named with a copy of this access key, or keep it in a safe place with your estate planning documents

      
      

Google (Android, Gmail, Google Accounts, etc.)

Google also allows you to name a “Legacy Contact” on your Google Accounts. Your Google Account may be connected to your GMail, Google Drive, Google Photos, Pixel, or other services. To set up a Legacy Contact on your Android or Google Account, follow the steps below.

1. Go to your Google Account

2. Click on your profile picture in the top-right corner of the screen.

3. Click on “Manage your Google Account.”

4. Click “Data and Privacy”

5. Scroll down, and click “Make a plan for your digital legacy”

6. Decide when Google should consider your Google Account inactive

   1. You can choose 3, 6, 12, or 18 months

7. Decide who Google should notify if your account becomes inactive, and what data you’d like to share with them

   1. You can share all data, no data, or select specific data to share from the list they provide

      
      

Social media (Facebook, Instagram, etc.)

The predominant social media platform that allows you to designate your preferences upon your death is Facebook, however other platforms may allow you to designate these preferences in the future.

Facebook

Facebook allows you to either delete your account, or “memorialize” your account upon your death. When an account is memorialized, the account is essentially frozen. Your friends can still see any prior posts or photographs, however, no additional changes can be made to the account. This prevents the account from being hacked after your passing, and also ensures your account will no longer send out birthday, memory, or other notifications. If you choose to memorialize your account, you will also want to select a Legacy Contact from your friends list to manage your account after your death. To designate your preferences, follow the instructions below.

1. Click your profile picture in the top right of Facebook

2. Select “Settings & privacy”, then click “Settings”

3. Click “Accounts Center”

4. Click “Personal details”

5. Click “Account ownership and control”

6. Click “Memorialization” and select your account.

7. Click either “Delete after death” OR “Memorialize account”

   1. If you chose “Delete after death” click “Save”

   2. If you chose “Memorialize account”:

      1. Then click “Next”

      2. Type a friend's name into the text box, then click on their profile picture.

      3. Select whether to give your Legacy Contact permission to download a copy of what you've shared on Facebook

      4. Click Save.

      5. To let your friend know they're now your Legacy Contact, click Send, or click Skip if you do not want to notify them.

Cryptocurrency

Today, many cryptocurrency platforms have limited options for distribution in the event of your death. They may have specific requirements in order to be distributed to the beneficiaries of your estate, such as your public account username being specifically identified in your Will. Additionally, they typically do not allow you to name a beneficiary on these accounts, and they are not often allowed to be held in the name of a Revocable Trust, which means these assets often must pass through the probate process.

Some popular cryptocurrency platforms that currently do not allow users to name beneficiaries include Coinbase, Binance, Kraken, and Gemini. For these platforms, your executor will need to contact the platform, and provide them with your death certificate, Will, and other documentation evidencing who has authority over the assets of your estate.  

If you have any cryptocurrency accounts, it is important to contact the platform to determine what options or requirements they have for the transfer of assets at your death. If you want to ensure your cryptocurrency accounts pass in accordance with your estate plan, it is also important to inform your estate planning attorney, to ensure they include any necessary information in your documents.