Many people think their estate plan is done when they have a will, but today’s estate includes more than traditional assets. Digital lives need to be protected, too, or financial and personal assets could be lost, says an article from Saving Advice, “Don’t Forget Your Digital POA: New Laws Grant Agents Access To Your Email, Online Accounts And Crypto.”
New laws concerning RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act) now allow authorized agents to manage digital assets, but only if estate planning documents are properly prepared. If any part of your life is online, whether paying bills or posting on social, you need to be aware of how digital assets are addressed in estate plans.
Everyone underestimates how many digital assets they own. Most people have email accounts, streaming subscriptions, cloud storage, social media profiles, loyalty rewards, and cryptocurrency. Accounts holding photos or important legal documents on client portals are also part of your digital assets.
A Power of Attorney drafted years ago probably doesn’t have language addressing digital assets. Your family won’t be able to open your phone, download photos, gain access to crypto investments, or retrieve emails without specific digital authorization. This comes as a surprise to families who expect everything to be covered by the POA created in the past. In most states, the law requires explicit consent before agents can access digital assets.
If you own cryptocurrency, you’ll need a playbook in case of incapacity or death. First, you’ll need a digital executor who is familiar with how crypto works. They’ll need access to recovery phrases, private keys, or authentication devices to get to your crypto wallet. Millions of dollars in Bitcoin and Ethereum have already been lost because access information was not documented and shared. Even if you have legal authority to access these assets, if you don’t know how, there’s no help desk to call.
Email and cell phones unlock almost everything. Almost every financial institution, medical portal, social media platform, and crypto exchange uses emails or cell phones to reset passwords or verify logins. If your agent can’t access email or the phone, managing your digital life will be next to impossible. Two-factor authentication codes and facial recognition are great for security, but terrible for managing another person’s assets. Have a plan for this.
There are still privacy laws to consider. RUFADAA was created to balance privacy rights with estate administration by setting limits on private emails, chats, and direct messages. In some circumstances, a custodian may need a court order to release account data. Companies also adhere to the Terms of Service Agreements (TOSAs), which users click to create accounts, and may not release data. Personal account settings may override the POA or your will.
A modern estate plan must address digital lives. The good news is the law is catching up to providing ways to manage accounts when someone is incapacitated or after they die. Preparation is still critical. A revised estate plan needs to include provisions for digital assets, naming a digital executor, and preparing a thorough inventory.
Reference: Saving Advice (May 22, 2026) “Don’t Forget Your Digital POA: New Laws Grant Agents Access To Your Email, Online Accounts And Crypto”
