Business Insight presented by Navigant Law Group, LLC Death, like life, is complicated-especially when it comes to your online presence Estate planning isn't just about physical assets. Your digital footprint- from email accounts to cryptocurrency- needs careful planning. The average person has over 100 online accounts, many tied to sensitive personal and financial information. Without clear instructions, families are often left scrambling to gain access, facing months of frustration or even permanent loss of valuable assets. These may include online banking platforms, digital wallets, email and social media, cloud storage, phone and computer logins, and more. Most of these are protected by passwords and two-factor authentication, making access after death difficult for loved ones without a plan. Imagine a spouse of an incapacitated person, or at death, a surviving spouse, being unable to access bank accounts online because the login was never shared. Extra trips to the bank, providing documentation to "unlock" the account, or a trip to probate court to force access. These are just examples of issues which may result. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) governs how fiduciaries can access digital assets after death. Under the Illinois RUFADAA, the following takeaways apply: If a platform (like Facebook or Google) has a legacy or memorialization policy, that policy likely controls. what happens. If no such policy exists, or the decedent failed to use the online tool, a designated digital fiduciary may designate their wishes in a written format (a will, trust, power of attorney for property). Leaving behind passwords may not be enough without legal authority, companies can refuse access. To simplify things, we advise the creation of a digital estate plan. For access in the case of disability or death, access in the case of disability or death, ensure your agent under Power of Attorney, Digital Executor, or Trustee, has access. NAVIGANT LAW GROUP LLC Attorney Mildred Palmer and email. These are the most critical Start by securing your phone, computer, accounts because they often control two-factor authentication for everything else. Arrange access with providers and document where your password list is stored. Do not include passwords directly in your Will. Once deceased, under Illinois law your will must be filed with the court. Use a secure storage method and reference it in your estate planning documents. Digital estate planning may sound complicated, but with guidance, it can secure way. By planning now, you're be managed in a straightforward and of mind during a difficult time. giving your loved ones clarity and peace At Navigant Law, we help clients incorporate digital assets into their estate plans as part of a comprehensive consultation, call us at 847-253-8800. strategy. To learn more or schedule a 847-253-8800 | www.navigantlaw.com 3030 W. Salt Creek Lane, Suite 330, Arlington Heights Business Insight presented by Navigant Law Group , LLC Death , like life , is complicated - especially when it comes to your online presence Estate planning isn't just about physical assets . Your digital footprint- from email accounts to cryptocurrency- needs careful planning . The average person has over 100 online accounts , many tied to sensitive personal and financial information . Without clear instructions , families are often left scrambling to gain access , facing months of frustration or even permanent loss of valuable assets . These may include online banking platforms , digital wallets , email and social media , cloud storage , phone and computer logins , and more . Most of these are protected by passwords and two - factor authentication , making access after death difficult for loved ones without a plan . Imagine a spouse of an incapacitated person , or at death , a surviving spouse , being unable to access bank accounts online because the login was never shared . Extra trips to the bank , providing documentation to " unlock " the account , or a trip to probate court to force access . These are just examples of issues which may result . The Revised Uniform Fiduciary Access to Digital Assets Act ( RUFADAA ) governs how fiduciaries can access digital assets after death . Under the Illinois RUFADAA , the following takeaways apply : If a platform ( like Facebook or Google ) has a legacy or memorialization policy , that policy likely controls . what happens . If no such policy exists , or the decedent failed to use the online tool , a designated digital fiduciary may designate their wishes in a written format ( a will , trust , power of attorney for property ) . Leaving behind passwords may not be enough without legal authority , companies can refuse access . To simplify things , we advise the creation of a digital estate plan . For access in the case of disability or death , access in the case of disability or death , ensure your agent under Power of Attorney , Digital Executor , or Trustee , has access . NAVIGANT LAW GROUP LLC Attorney Mildred Palmer and email . These are the most critical Start by securing your phone , computer , accounts because they often control two - factor authentication for everything else . Arrange access with providers and document where your password list is stored . Do not include passwords directly in your Will . Once deceased , under Illinois law your will must be filed with the court . Use a secure storage method and reference it in your estate planning documents . Digital estate planning may sound complicated , but with guidance , it can secure way . By planning now , you're be managed in a straightforward and of mind during a difficult time . giving your loved ones clarity and peace At Navigant Law , we help clients incorporate digital assets into their estate plans as part of a comprehensive consultation , call us at 847-253-8800 . strategy . To learn more or schedule a 847-253-8800 | www.navigantlaw.com 3030 W. Salt Creek Lane , Suite 330 , Arlington Heights