Studies have shown that in 2012, for the first time ever, one-half of all adults age 65 and over use the Internet or email, with 70 percent of them using the Internet daily and one-third of them using a social networking site.1
As a result, a client’s potential estate has grown to include assets of the digital kind. Photo albums, diaries, and letters are rapidly being replaced by their electronic counterparts; interpersonal connections are being made through social networking websites; even banking is done online, from statements to phone camera check deposits. However, whereas photo albums, diaries, letters and address books are physical property passed on by the deceased to be cherished and enjoyed by their heirs, their electronic counterparts are often times not so easily identified or transferred. In addition, electronically stored information may be put beyond reach without usernames and passwords. Because clients may not consider these issues when profiling their overall estate, a diligent attorney must proactively draw the client’s attention to these modern complexities and to his or her digital estate. This article is intended to identify and categorize digital assets and provide some steps for developing a digital estate plan.
