How Your Digital Life Becomes a Legal Nightmare Without a Plan

Shawn Smith • January 22, 2026

The Estate Planning Issue No One Talks About: Your Digital Life

When most people think about estate planning, they picture the traditional things like your home, bank accounts, retirement plans, sentimental keepsakes, maybe even the family cabin. But there’s an entire category of your life that is often overlooked:


Your digital life.

In a world where almost everything we do is online, your digital presence has become one of your most valuable (and complicated) assets. And without proper planning, your loved ones might not be able to access anything when you are gone.


What Counts as a “Digital Asset”? 

Digital assets include far more than passwords and social media.

They can include:

  • Online bank or investment accounts

  • Cryptocurrency and digital wallets

  • Photos and videos stored in the cloud

  • Email accounts

  • PayPal, Venmo, or CashApp balances

  • Online businesses

  • Loyalty points and airline miles

  • Social media accounts

  • Online subscriptions

  • Stored documents in Google Drive, Dropbox, or iCloud


Basically, anything that lives behind a username and password.


The Legal Problem: Your Loved Ones Can’t Just Log In

Here’s what surprises most people:


It’s illegal for anyone—even your spouse—to use your password after you die.

Federal privacy laws and terms of service agreements prohibit unauthorized access. That means your family may not be able to:

  • Recover family photos

  • Access important documents

  • Shut down accounts

  • Transfer digital currency

  • Close or memorialize social media profiles

  • Retrieve business information

In some cases, companies like Apple and Google have denied access even when families had a court order.


How Estate Planning Solves the Digital Mess

A modern estate plan includes specific documents addressing digital assets, such as:

1. Digital Asset Authorization

This gives your trusted person permission to access your accounts.

2. A Secure Inventory

A list of accounts, devices, and instructions stored safely

3. Instructions for Each Category

What to save, delete, transfer, or protect.

4. A Backup Plan


Because technology and access change constantly.


Why This Matters More Than Ever

Your digital life tells your story. It contains your memories, your communications, your work, and in many cases, your money. Without direction, it can vanish forever - or get locked behind a wall your family can’t break through.


We Can Help!

Ready to get a plan that includes your digital assets? Start by booking a Peace of Mind Planning Session! We’ll answer your questions, go over your options and our flat fees, and decide if we want to move forward. Mention this blog, and we’ll waive the $295 session fee! Book here.

Share this post