Your Online Life Needs an Estate Plan Too
We plan for our homes, bank accounts, cars, and personal belongings — but what about the parts of our lives that exist only online?
Today, most Illinois residents have hundreds of digital assets without realizing it, including:
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Social media accounts
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Email accounts
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Online banking and bill-pay
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Photos and videos stored in the cloud
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Cryptocurrency and digital wallets
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Online subscriptions and memberships
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Password managers and two-factor authentication apps
When someone passes away, these digital assets don’t automatically become accessible to family members. In fact, without proper planning, your loved ones may be legally blocked from accessing your online accounts — even if you gave them your password.
Here’s how Illinois handles digital assets, and what you can do to make sure your family stays protected.
📲 What Counts as a “Digital Asset”?
Under Illinois law, a digital asset is anything stored electronically, including:
Social Media
Facebook, Instagram, X (Twitter), LinkedIn, TikTok, YouTube, Reddit, and more.
Email Accounts
Gmail, Outlook, Yahoo, and private employer email accounts.
Cloud Storage
Google Drive, iCloud, Dropbox, OneDrive, Amazon Photos.
Photos & Videos
Especially meaningful family memories stored only online.
Cryptocurrency & Online Investment Accounts
Bitcoin, Ethereum, Coinbase, Binance, online stock apps, and NFTs.
Online Financial Tools
PayPal, Venmo, Cash App, Zelle, bill-pay portals.
Digital Subscriptions
Netflix, Amazon, iTunes, Amazon Kindle, Audible, gaming accounts.
All of these have value, whether financial, emotional, or both — and they need to be planned for just like any other asset.
⚖️ How Illinois Law Handles Digital Assets: A Look at RUFADAA
Illinois adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) to guide how executors, trustees, and agents can access someone’s digital property.
RUFADAA is designed to balance two things:
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Your privacy
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Your family’s ability to manage your estate
Here’s how the law divides decision-making:
🔹 1. Your Online Tools Take Priority
Many companies have built-in “legacy tools” that let you choose who can access your account when you die.
For example:
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Facebook → Legacy Contact
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Google → Inactive Account Manager
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Apple → Digital Legacy
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Password managers → Emergency Access settings
If you set these up, they override everything else — even your will.
🔹 2. Your Will, Trust, or Power of Attorney Comes Next
If your estate planning documents specify who can access your digital assets, Illinois law honors that choice.
If you don’t say anything, your agents may be blocked from accessing accounts due to privacy rules.
🔹 3. Default Access Rights (Very Limited)
Without planning documents, your executor or agent may get:
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A catalog of your accounts (what exists),
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Not the content, such as emails, messages, photos, or files.
This means your family might know you had a Gmail account — but may not be able to open it or retrieve the important information inside.
🚫 What Happens When You Don’t Plan?
Without clear legal authority:
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Your family may not be able to access photos stored in iCloud or Google Photos
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Email accounts may remain locked forever
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Cryptocurrency may be lost permanently
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Bills may go unpaid because statements were online-only
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Social media accounts may become stuck or memorialized
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Password managers may prevent access to dozens of critical accounts
In many cases, families spend months trying to work with tech companies — often without success.
✔️ How to Protect Your Digital Life in Your Estate Plan
Here’s what every Illinois resident should do:
1. Create a Digital Asset Inventory
List:
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Email accounts
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Cloud storage services
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Social media accounts
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Financial apps
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Cryptocurrency wallets
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Password managers
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Important online subscriptions
You don’t need to share your passwords — just list what exists.
2. Use Built-In Legacy Tools
Each platform allows you to choose someone to manage or close your account after your passing.
Set these up now, and keep them updated.
3. Update Your Estate Planning Documents
Your:
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Will
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Trust
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Power of Attorney
should include digital asset authority giving your chosen agent lawful access.
In Illinois, this language must meet RUFADAA standards to be effective.
4. Tell Someone Where to Find Your Information
Access is often a bigger challenge than ownership.
Store your digital asset inventory in a safe place such as:
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A secure digital vault
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A password manager with emergency access
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A safe deposit box
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A secure folder your executor knows about
💡 Your Digital Life Is Part of Your Legacy
Your online photos, memories, accounts, and digital financial tools are just as important as your physical belongings. Without planning, your loved ones may lose access to the things that matter most.
Illinois law provides helpful tools — but only if you take the right steps now.
If it’s been a few years since you updated your estate plan, this is the perfect time to make sure your digital assets are included too.
📞 Need Help with a Digital Asset Estate Plan?
If you want to ensure your online life is protected and legally accessible to the people you trust, we’d be happy to help you update your estate plan.
Contact the Law Office of Jonathan W. Cole P.C. at (708) 529-7794 — “Your Neighborhood Law Firm.”
